AGREEMENT BETWEEN

LANE COUNTY, OREGON

AND

LANE COUNTY

PEACE OFFICERS’ ASSOCIATION

2013 - 2016

TABLE OF CONTENTS

PREAMBLE .................................................................................................................. 1 ARTICLE: 1. Recognition ............................................................................................ 2 1.1 Recognition ........................................................................................ 2 1.2 Temporary Employees ....................................................................... 2 1.3 Classifications – New/Modified .......................................................... 2 2. Management Rights ............................................................................... 3 2.1 Retention of Rights ............................................................................ 3 2.2 Uniform Application ............................................................................ 3 2.3 Contracting Out .................................................................................. 3 2.4 Abide by Provisions ........................................................................... 4 2.5 Volunteers .......................................................................................... 4 2.6 Internal Investigations – Policies/Procedures .................................... 4 3. ASSOCIATION Rights ............................................................................ 5 3.1 ASSOCIATION Activity ...................................................................... 5 3.2 Bulletin Boards ................................................................................... 5 3.3 Pay While Negotiating ........................................................................ 5 3.4 Reasonable Access ........................................................................... 5 3.5 Leave of Absence .............................................................................. 5 3.6 Employee Information ........................................................................ 6 3.7 Protection of Rights............................................................................ 6 3.8 Non-interference ................................................................................ 6 3.9 Non-interference ................................................................................ 6 3.10 Non-discrimination ........................................................................... 6 3.11 Executive Board Meetings ............................................................... 6 3.12 Personnel Orders ............................................................................. 6 3.13 Solicitation Prohibition ...................................................................... 6 3.14 Exercise Equipment ......................................................................... 7 Rules and Regulations .......................................................................... 7 3.15 APM & Lane Manual ........................................................................ 7 3.16 Copy of Agreement .......................................................................... 7 3.17 Access to Departmental Manuals .................................................... 7

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4. Dues, Deductions and Fair Share ......................................................... 8 4.1 Fair Share .......................................................................................... 8 4.2 Dues In-lieu Payment (Religious) ...................................................... 8 4.3 Notification ......................................................................................... 8 4.4 Authorization Form............................................................................. 8 4.5 Deductions ......................................................................................... 8 4.6 Remittance ......................................................................................... 9 4.7 Indemnity ........................................................................................... 9 5. Labor Management Relationships...................................................... 10 5.1 Existing Conditions .......................................................................... 10 5.2 Change Implementation ................................................................... 10 5.3 Safety ............................................................................................... 10 5.4 Labor Management Committee ....................................................... 11 6. Working Conditions ............................................................................. 12 6.1 Workday/Workweek ......................................................................... 12 6.2 Employee Work Schedule ................................................................ 12 6.3 Work Schedules ............................................................................... 12 6.4 Notice of Change ............................................................................. 13 6.5 Explanation of Change ..................................................................... 13 6.6 Abide by Provisions ......................................................................... 13 6.7 Shift Bidding ..................................................................................... 13 6.8 Recall/Callback ................................................................................ 14 6.9 Court Appearances .......................................................................... 15 6.10 Witness Fees ................................................................................. 15 6.11 Meal Periods ................................................................................. 16 6.12 Rest Periods .................................................................................. 16 6.13 Reporting Place ............................................................................. 16 6.14 Trading Shift/Schedules/Days Off .................................................. 16 6.15 Long-term Trades .......................................................................... 17 6.16 Short-term Trades .......................................................................... 17 6.17 Submitting Requests ...................................................................... 17 6.18 Shift Trade Limitations ................................................................... 17 6.19 Overtime waived on Short-Term Trades ........................................ 17 6.20 Documenting Short-Term Trades................................................... 17 6.21 Overtime Restrictions ..................................................................... 18 6.22 Scheduling Procedure .................................................................... 18 6.23 COUNTY Rights............................................................................. 18 6.24 Schedule Changes – Good Cause ................................................ 18 6.25 Temporary Rescheduling ............................................................... 18 6.26 Temporary Help ............................................................................. 18 6.27 Scheduling Limitations ................................................................... 18

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7. Wages and Overtime ........................................................................... 20 7.1 Salary/Step Conversion ................................................................... 20 7.2 DPSST Certification ......................................................................... 20 7.3 Step Advancement........................................................................... 21 7.4 Employee Evaluations ..................................................................... 21 7.5 Appropriate Step Placement ............................................................ 21 7.6 Overtime .......................................................................................... 22 7.7 Overtime Compensation .................................................................. 22 7.8 Compensatory Time......................................................................... 22 7.9 COUNTY Rights............................................................................... 22 7.10 Overtime Compensation Limit ........................................................ 23 7.11 Overtime Calculation ...................................................................... 23 7.12 Rest Period .................................................................................... 23 7.13 Shift Completion............................................................................. 23 7.14 Working Out of Class ..................................................................... 23 7.15 Abide by Provisions ....................................................................... 23 7.16 Pay/Benefits – No Reduction ......................................................... 23 7.17 Salary Frozen ................................................................................ 23 7.18 Flight Pay ....................................................................................... 24 7.19 FTO Pay ........................................................................................ 24 7.20 Detectives ...................................................................................... 24 7.21 Bomb Tech .................................................................................... 24 7.22 Interagency Drug Lab Response Team (IDLRT)............................ 24 7.23 Sort Team ...................................................................................... 24 7.24 On-Call ........................................................................................... 25 8. Insurance .............................................................................................. 26 8.1 Insurance Policies ............................................................................ 26 8.2 PERS and FICA Enrollment ............................................................. 27 8.3 Retirees’ Insurance .......................................................................... 28 8.4 Disability .......................................................................................... 28 8.5 Subrogation ..................................................................................... 31 9. Time Management................................................................................ 32 9.1 Purpose ........................................................................................... 32 9.2 Eligibility ........................................................................................... 32 9.3 Accumulation ................................................................................... 32 9.4 Part-Time Employees ...................................................................... 32 9.5 Existing Vacation ............................................................................. 32 9.6 Usage .............................................................................................. 32 9.7 Maximum Accumulation ................................................................... 33 9.8 Termination ...................................................................................... 33

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9.9 Death ............................................................................................... 33 9.10 Scheduling ..................................................................................... 33 9.11 Conversion ..................................................................................... 34 9.12 Substantiation ................................................................................ 35 9.13 TM Donation .................................................................................. 35 10. Paid Leave ............................................................................................ 37 10.1 Holidays ......................................................................................... 37 10.2 Mutually Agreed Scheduling .......................................................... 37 10.3 Maximum Accumulation ................................................................. 37 10.4 Time Management Payoff .............................................................. 37 10.5 Bereavement ................................................................................. 37 10.6 Jury Duty ........................................................................................ 38 11. Unpaid Leave ....................................................................................... 39 11.1 Leave of Absence .......................................................................... 39 11.2 Without Pay ................................................................................... 39 11.3 Proper Approval ............................................................................. 39 11.4 Maximum Length ........................................................................... 39 11.5 Failure to Return ............................................................................ 39 11.6 Unexcused Absence ...................................................................... 39 11.7 Maximum Length – 5 yrs = 1 yr max .............................................. 40 12. Allowances and Equipment ................................................................ 41 12.1 Uniforms, Protective Clothing & Tools ........................................... 41 12.2 COUNTY Rights............................................................................. 41 12.3 COUNTY Furnished Equipment ..................................................... 41 12.4 Reimbursement for Personal Clothing/Equipment ........................ 42 12.5 Safety Rights ................................................................................. 42 12.6 Expense Reimbursement ............................................................... 42 12.7 Tuition Assistance .......................................................................... 42 12.8 Parking ........................................................................................... 43 12.9 Training Opportunities .................................................................... 43 13. Seniority/Layoff and Recall ................................................................. 44 13.1 Definition ........................................................................................ 44 13.2 Continuous Service ........................................................................ 44 13.3 Transfers ........................................................................................ 44 13.4 Seniority Retention......................................................................... 44 13.5 Probationary Completion ............................................................... 45 13.6 Seniority – Promotion, Demotion, etc. ............................................ 45 13.7 Layoff ............................................................................................. 45

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13.8 Bumping ......................................................................................... 45 13.9 Supervisory Non-Bargaining Unit ................................................... 46 13.10 Seniority List ................................................................................ 46 13.11 Recall ........................................................................................... 46 13.12 Seniority Protection ...................................................................... 46 13.13 Recall Rights ................................................................................ 47 13.14 Layoff List .................................................................................... 47 13.15 Abide by Provisions ..................................................................... 47 13.16 Operational Requirements ........................................................... 47 13.17 Non-discrimination ....................................................................... 47 14. Probation .............................................................................................. 48 14.1 Definition ........................................................................................ 48 14.2 Probationary Rejection ................................................................... 48 14.3 Initial Probationary Period .............................................................. 48 14.4 Transfer Probation ......................................................................... 48 14.5 Performance Issues ....................................................................... 48 15. Discipline and Discharge .................................................................... 49 15.1 Just Cause ..................................................................................... 49 15.2 Protection from Embarrassment .................................................... 49 15.3 Written Notification ......................................................................... 49 15.4 Expedited Written Reprimand Process .......................................... 49 15.5 Internal Investigation Protections ................................................... 49 16. Personnel Records .............................................................................. 51 16.1 Definition ........................................................................................ 51 16.2 Private and Confidential ................................................................. 51 16.3 Inclusion of Reprimands ................................................................ 51 16.4 Written Response .......................................................................... 51 16.5 Evaluation Files.............................................................................. 51 17. Grievance Procedure ........................................................................... 53 17.1 Purpose ......................................................................................... 53 17.2 Grievance Steps ............................................................................ 53 17.3 Arbitration ...................................................................................... 54 17.4 General .......................................................................................... 55 17.5 Time Limits .................................................................................... 55 17.6 Appeal to Next Higher Step ........................................................... 56 17.7 Terminated with Signed Statement ................................................ 56

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18. Defense and Indemnification .............................................................. 57 18.1 Reimbursement.............................................................................. 57 18.2 Reimbursement Procedure ............................................................ 57 18.3 Denial of Reimbursement .............................................................. 58 18.4 Reimbursement Due Date ............................................................. 59 19. Savings and Funding ........................................................................... 60 19.1 Savings Clause .............................................................................. 60 19.2 Funding .......................................................................................... 60 20. Term of Agreement .............................................................................. 61 20.1 Length of Contract ......................................................................... 61 20.2 Negotiate Modifications .................................................................. 61 20.3 Contract Continuation .................................................................... 61 Signature Page ..................................................................................... 62 Exhibit “A” Salary Plan ....................................................................... 63

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AGREEMENT

BETWEEN LANE COUNTY, OREGON

AND LANE COUNTY PEACE OFFICERS' ASSOCIATION, INC.

PREAMBLE

This Collective Bargaining Agreement is entered into by and between Lane County Board of Commissioners jointly with the Lane County Sheriff and the Lane County Board of Commissioners on behalf of the Department of Youth Services, hereinafter referred to as the COUNTY, or by individual department as necessary where appropriate and the Lane County Peace Officers' Association, Inc., hereinafter referred to as the ASSOCIATION, and constitutes the sole and complete agreement between the parties. The purpose of this Agreement is to promote mutual agreement and understanding between the parties and to set forth those matters pertaining to rates of pay, hours of work, fringe benefits and other employment relations matters pertaining to employment consistent with the COUNTY’S objective of providing maximized efficiency and services to the public of Lane County. This Agreement is applicable to bargaining unit employees in the unit represented by Lane County Peace Officers' Association, or its designated representative. It is agreed and understood that this Agreement shall be limited and applicable only to bargaining unit employees, and only in connection with the performance of bargaining unit work. All references in this Agreement designate both sexes, and wherever either gender is used, it shall be construed to include both female and male.

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ARTICLE 1

RECOGNITION 1.1 RECOGNITION For the purpose of collective bargaining with respect to wages, hours, benefits

and other employment relations matters, the COUNTY recognizes the duly elected and certified ASSOCIATION as the sole and exclusive representative of all probationary and non-probationary employees in permanent positions and employed in the Department of Public Safety and those employed in the groupworker classifications of the Department of Youth Services, exclusive of persons so employed in a confidential capacity as defined by ORS 243.650(6) or persons in a supervisory capacity as defined by ORS 243.650(23).

1.2 TEMPORARY EMPLOYEES It is agreed that employees in temporary positions classified as above, which are

funded for periods in excess of three (3) months but not more than twelve (12) months in duration shall be considered to be part and parcel of the bargaining unit, provided that such employees shall not be subject to non-probationary status, and may be terminated at the conclusion of such funding, and must reapply and compete for available permanent positions.

1.3 CLASSIFICATIONS-NEW/MODIFIED Should the COUNTY establish a new, or substantially modify an old or existing

classification, the following shall apply:

A. The proposed wage rate shall be established by the COUNTY, and written notice given to the ASSOCIATION as soon as practical.

B. The rate proposed by the COUNTY shall be considered acceptable to the

ASSOCIATION at the end of three (3) calendar weeks from the date of notice above unless the ASSOCIATION requests negotiations over the proposed wage rate within that same period.

C. If the COUNTY and the ASSOCIATION do not reach agreement on a

permanent wage rate, the ASSOCIATION may take the matter to arbitration within three (3) calendar weeks after the last negotiation meeting in subsection (1.3.B) above. Should the ASSOCIATION fail to do so, the COUNTY shall implement its last offer as the permanent rate for the classification, but in no event shall the permanent rate be lesser than the temporary rate established in subsection (1.3.A) above.

D. In the event the ASSOCIATION elects to arbitrate the matter, selection of

an arbitrator shall be in accordance with ARTICLE 17 herein, and said arbitrator shall determine the appropriate wage rate for the affected classification.

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ARTICLE 2

MANAGEMENT RIGHTS

2.1 RETENTION OF RIGHTS The COUNTY retains all rights respecting decisions and actions affecting the

operation, efficiency and management of the Department of Public Safety and the Department of Youth Services where not specifically addressed or provided elsewhere in this Agreement.

2.2 UNIFORM APPLICATION It is agreed that the management of the COUNTY and the direction of the

working forces, including but not limited to the right to hire, promote, transfer, assign, suspend, demote, to discharge or otherwise discipline employees, to increase, to decrease the working force, to determine the methods, means, personnel and schedules by which the efficiency of government operations entrusted to the COUNTY are to be maintained, to establish, revise and implement safety and health standards, to discontinue all or any part of its operations, to transfer positions from the bargaining unit, to determine the need for additional educational courses, training programs, on-the-job training and cross-training, and to assign employees to such duties for periods to be determined by the COUNTY; to establish new jobs, or eliminate or modify existing job classifications, to adopt and enforce rules, regulations, policies and procedures governing the conduct of its working forces, provided however that such rules, regulations and policies and procedures shall be uniformly and equitably applied and enforced, with respect to all affected employees who are similarly situated; and to take whatever other action is deemed appropriate by the COUNTY, is vested exclusively in the COUNTY except when specifically in conflict with this Agreement.

2.3 CONTRACTING OUT If the COUNTY decides that work should be subcontracted out, it will not do so

before the following has been accomplished:

A. The COUNTY will give the ASSOCIATION notice in writing 30 days before any intended subcontracting is to go into effect indicating in detail what work it is intending to subcontract out and the reasons therefore.

B. If the ASSOCIATION is not in agreement with the COUNTY'S decision, it

must indicate in writing within 10 days after receipt of the COUNTY’S notice that it is dissatisfied and wishes to meet and discuss the COUNTY'S proposal. Said meeting must take place within seven days of the ASSOCIATION'S response.

C. If the ASSOCIATION does not respond within, the 10-day time frame

mentioned above, then the COUNTY may implement its proposal if it so desires.

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D. If the COUNTY and the ASSOCIATION meet in an attempt to reach a

resolution on the COUNTY'S proposal, it must reach a settlement within 10 days after the first meeting date or the COUNTY may elect to submit this matter to arbitration in conformity with Step 4 et seq. of the grievance procedure in Article 17.

E. The arbitrator will base his/her decision on the following analysis of this

matter with a balancing of 1) the merits of the COUNTY'S justification for subcontracting in which the arbitrator will consider both the economies to be achieved from the proposal and needs of the local government against 2) the effect on the bargaining unit employees from the COUNTY'S proposal.

2.4 ABIDE BY PROVISIONS The COUNTY shall not exercise its rights set forth above for the purpose of

avoiding the terms of this Agreement. 2.5 VOLUNTEERS The COUNTY may utilize volunteers, including reserves, special deputies, posse,

members, explorers and other volunteers to help assist the COUNTY conduct the COUNTY business as long as such use does not take away compensated opportunities for bargaining unit members. Consistent with the foregoing, in cases where sheriff’s office employees do not volunteer to work overtime, the COUNTY may utilize individuals outside the bargaining unit.

2.6 INTERNAL INVESTIGATIONS-POLICES/PROCEDURES The COUNTY may change its internal investigations policies and procedures

without first bargaining with the ASSOCIATION.

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ARTICLE 3

ASSOCIATION RIGHTS 3.1 ASSOCIATION ACTIVITY The ASSOCIATION or its representatives shall have the right to conduct official

ASSOCIATION business on COUNTY property at such times and in a manner which does not interrupt COUNTY operations or efficiency. Nothing herein is to be construed as a right of an employee to leave his/her station without supervisory approval. ASSOCIATION Representatives may investigate potential grievances, try to resolve grievances, investigate potential changes in past practice and represent ASSOCIATION members throughout the disciplinary procedure without loss of pay or benefits.

3.2 BULLETIN BOARDS The COUNTY agrees to furnish bulletin boards to be placed in designated places

in each work area. The ASSOCIATION may at its expense install glass locking bulletin boards.

3.3 PAY WHILE NEGOTIATING

Employee members of the ASSOCIATION bargaining team shall not suffer loss in pay while participating in bona fide negotiation sessions between the ASSOCIATION and the COUNTY, provided, however, that the number of such employees shall be limited to six (6) such employees on duty shall participate subject to reasonable operating needs of the COUNTY. No more than one (1) of these employees shall be from Youth Services.

3.4 REASONABLE ACCESS The COUNTY agrees that accredited representatives of the ASSOCIATION shall

have reasonable access to the premises of the COUNTY for the purpose of ascertaining whether this Agreement is being observed. ASSOCIATION representatives shall first report their presence and intentions to the on duty supervisor or designee and shall conduct their activities in a manner which avoids loss of time or disruption of operations.

3.5 LEAVE OF ABSENCE An employee, but not more than two (2) at any one time, nor more than one (1)

from any division who accepts an official position with the ASSOCIATION shall be granted a leave of absence without pay not to exceed six (6) months in duration. Such employee shall be reinstated by the COUNTY provided that such employee notifies the COUNTY in writing of his/her intent to return to work thirty (30) days in advance, and provided further that said employee is still qualified to perform the applicable job duties. In addition, the COUNTY will provide for up to 200 hours per year for ASSOCIATION representatives to perform ASSOCIATION work such as grievance meetings, investigations, and association meetings. The ASSOCIATION will reimburse the COUNTY for the hours used, including base wages and benefits.

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3.6 EMPLOYEE INFORMATION The COUNTY agrees to furnish the ASSOCIATION, in response to reasonable

written requests from time to time, information pertaining to employees covered by this Agreement, which is readily and reasonably available to COUNTY administration in the regular course of business. The ASSOCIATION shall not pay a fee any greater than is charged the general public for gathering, duplicating, and distributing requested information, but may have an opportunity to review the materials, and an itemized statement, prior to ordering copies. However, the ASSOCIATION will be charged for information, which must be compiled by the COUNTY.

3.7 PROTECTION OF RIGHTS COUNTY employees have the right to voluntarily join and participate in the

activities of the ASSOCIATION for the purposes of representation and collective bargaining with the COUNTY on matters concerning employment relations.

3.8 NON-INTERFERENCE The parties shall not interfere with, restrain or coerce employees in or because of

the exercise of rights guaranteed in this Agreement. 3.9 NON-INTERFERENCE The COUNTY shall not dominate, interfere with or assist in the formation,

existence or administration of the ASSOCIATION or any successor employee organization.

3.10 NON-DISCRIMINATION The parties shall not discriminate in regard to hiring, tenure or any terms and

conditions of employment for the purpose of encouraging or discouraging membership in the ASSOCIATION.

3.11 EXECUTIVE BOARD MEETINGS The COUNTY agrees that where, in the judgment of the COUNTY its operations

will not be seriously disrupted, it will allow the ASSOCIATION Executive Board members, but not more than two (2) per division, to attend Executive Board meetings after 5:00 p.m., without pay.

3.12 PERSONNEL ORDERS The COUNTY agrees to provide the ASSOCIATION with a copy of all personnel

orders pertaining to bargaining unit members, on the date the orders are issued, unless the employee requests otherwise.

3.13 SOLICITATION PROHIBITION ASSOCIATION members, ASSOCIATION representatives or affiliates are

prohibited from using or inferring that they are representing the COUNTY, or any subdivision or combination thereof, when soliciting funds, selling a product or service, either directly or indirectly, that is ASSOCIATION sponsored with funds

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all or in part going to the ASSOCIATION. Nothing in this section prohibits the ASSOCIATION from identifying itself as the Lane County Peace Officers Association.

3.14 EXERCISE EQUIPMENT

The COUNTY and the ASSOCIATION have agreed to contract with a fitness facility for bargaining unit member usage, The ASSOCIATION will contribute $300 per month for the use of this facility and the Sheriff’s Office shall pay the remainder of all related dues. The Department of Youth Services shall provide an exercise room for use by Groupworkers and other authorized individuals. Youth Services will be responsible for the equipment and its maintenance.

If at any time either party decides not to continue the arrangement with Court Sports, or other mutually agreed upon fitness facility, the parties shall revert to the provision requiring a work-out facility within the Sheriff’s Office.

RULES AND REGULATIONS

3.15 APM & LANE MANUAL The COUNTY agrees to furnish to the ASSOCIATION at no cost a copy of all

regulations issued, the Administrative Procedures Manual, and classification specifications, including amendments and additions as they are made, and the ASSOCIATION will pay for initial copies of the Lane Code and the Lane Manual if they elect to obtain such copies.

3.16 COPY OF AGREEMENT The COUNTY agrees to distribute to each employee a copy of this Agreement.

The ASSOCIATION shall provide those copies to COUNTY. 3.17 ACCESS TO DEPARTMENTAL MANUALS The COUNTY agrees to make readily accessible to employees electronic copies

of Departmental Manuals.

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ARTICLE 4

DUES, DEDUCTIONS AND FAIR SHARE 4.1 FAIR SHARE It shall be a condition of employment that all bargaining unit employees covered

by this Agreement shall, on the thirty-first day following employment, either become members of the ASSOCIATION, or shall pay an amount of fair share in lieu of monthly ASSOCIATION dues to the ASSOCIATION except as expressly modified in paragraph 4.2 below.

4.2 DUES IN-LIEU PAYMENT (RELIGIOUS) In order to safeguard the rights of non-ASSOCIATION or bargaining unit

employees based on a bona fide religious tenet or teaching of a church or religious body of which an employee is a member, the employee may exercise the choice of joining the ASSOCIATION, or making an in-lieu-of dues payment to the ASSOCIATION, or paying an amount of money equivalent to regular ASSOCIATION dues to a non-religious charity. In the event such employee elects to make payment to a non-religious charity, such employee may be requested by the ASSOCIATION to substantiate such payment and reasons therefore.

4.3 NOTIFICATION The ASSOCIATION shall notify the COUNTY of the current rate of dues and fair

share in-lieu-of fees in a timely manner, which will enable the COUNTY to make necessary payroll deductions as specified below. The COUNTY will notify the ASSOCIATION of new hires, promotions out of the bargaining unit, promotions within the bargaining unit, and terminations in a timely manner.

4.4 AUTHORIZATION FORM Each employee, within thirty (30) days of employment, shall sign an individual

authorization form indicating whether the employee elects to pay dues or in-lieu-of dues. Such form shall be provided by the ASSOCIATION and shall be completed in triplicate with the original being sent to COUNTY Central Payroll, one copy to be retained by the Department and the third being provided to the ASSOCIATION along with the monthly itemized statement.

4.5 DEDUCTIONS Pursuant to Sections 4.1 and 4.2 above, the COUNTY shall deduct from the

paycheck for the second' pay period of each month of all employees in the bargaining unit the specified amount for the payment of ASSOCIATION membership or payment in-lieu-of dues, to the ASSOCIATION.

The ASSOCIATION will provide the COUNTY a minimum of 60 days notice for a change in the percentage amount to be deducted.

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4.6 REMITTANCE The COUNTY agrees to remit the aggregate deductions together with an

itemized statement to the ASSOCIATION, by the first day of the succeeding month after such deductions are made.

4.7 INDEMNITY The ASSOCIATION agrees that it will indemnify and save the COUNTY

harmless from all suits, actions, and claims against the COUNTY of persons acting on behalf of the COUNTY arising out of the COUNTY'S faithful compliance with the terms of this article, provided the COUNTY notifies LCPOA in writing of such claim and tenders the defense to LCPOA.

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ARTICLE 5

LABOR MANAGEMENT RELATIONSHIPS 5.1 EXISTING CONDITIONS Except as provided for in section 5.2 below, all employment relations as defined

by ORS 243.650(7) not specifically mentioned in this Agreement shall be maintained at not less than the level in effect at the time of the signing of this Agreement.

5.2 CHANGE IMPLEMENTATION If the COUNTY proposes to implement a change in matters within the scope of

representation as defined by ORS 243.650(7) and not specifically mentioned in this Agreement that would result in more than a de minimus effect on the bargaining unit, the COUNTY will notify the ASSOCIATION in writing prior to implementing the proposed change. Upon timely request of the ASSOCIATION (within fourteen (14) days), the following shall apply:

A. The COUNTY will provide the ASSOCIATION with all records about its

plan that are relevant to the proposed plan as required by law.

B. The COUNTY will notify the ASSOCIATION that it will implement the plan after forty-five (45) days unless the ASSOCIATION demands to bargain.

C. The COUNTY will, upon demand by the ASSOCIATION, meet in good

faith as often as the ASSOCIATION believes is necessary to discuss the COUNTY'S plan up until the end of the forty-five (45) day period, subject to the normal business needs of the COUNTY.

D. If the COUNTY and the ASSOCIATION do not reach an agreement on the

issue at hand, the ASSOCIATION may take the matter to final offer arbitration not less than ten (10) days no more than thirty (30) days after the first negotiations meeting. Should the ASSOCIATION fail to do so, the COUNTY may, at its sole discretion, implement all or part of any plan that was presented to the ASSOCIATION.

E. Should the matter be submitted to arbitration pursuant to this provision,

the authority of the arbitration shall be limited to the sole questions as to which party's offer is most appropriate to the issue at hand. The most appropriate offer as determined by the arbitration shall be implemented.

5.3 SAFETY The COUNTY acknowledges an obligation to provide a safe and healthy

environment for its employees. Likewise, the ASSOCIATION recognizes an obligation on behalf of employees to conform to established safety rules and regulations, and that failure to conform to such rules and regulations may result in disciplinary action up to and including discharge.

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5.4 LABOR MANAGEMENT COMMITTEE

The COUNTY and the ASSOCIATION may form a joint labor/management committee, which will meet at least on a monthly basis to discuss issues of concern to either party. Both the ASSOCIATION and the COUNTY will send someone to represent their interests who are empowered to resolve the issue.

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ARTICLE 6

WORKING CONDITIONS

6.1 WORKDAY/WORKWEEK The workday is defined as 24 hours commencing at 2200 hours. The workweek

is defined as seven (7) consecutive workdays in the calendar week commencing at 2200 hours on Friday and ending at 2159 hours on the following Friday.

6.2 EMPLOYEE WORK SCHEDULE An employee shall normally work five (5) eight (8) hour days followed by two (2)

consecutive days off, or four (4) ten (10) hour days followed by three (3) consecutive days off, but not necessarily in the same workweek. Upon the agreement of both parties, the COUNTY may implement a work schedule, which provides for employees to work twelve (12) hour days.

The 14-day work period for deputy sheriffs under the provisions of FLSA section 207(k) will only be utilized for the eleven and one-half hour shifts. Upon mutual agreement, a schedule available to the Police Services Division may consist of the following schedule in one fourteen (14) day work period: the first day worked of the work period would consist of eleven (11) hours and thirty (30) minutes with the following work days consisting of eleven (11) hours and twenty-five (25) minutes. The schedule would consist of four (4) days worked, three (3) days off, three (3) days worked, four (4) days off, or in reverse order.

6.3 WORK SCHEDULES It is recognized that the COUNTY may, from time to time, find that changes in

individual or operational work schedules are in the best interest of governmental operations. It is agreed that the COUNTY may make such changes, provided that except in the case of emergency, the COUNTY shall notify the ASSOCIATION and any affected employee fourteen (14) calendar days prior to implementation of such changes. Temporary work schedule changes for the purpose of meeting statutory requirements shall not be subject to the provisions, of this Section. A change of schedule that occurs when an employee is placed on or removed from Administrative Leave shall not be subject to the 14 day rule as described in this section and is not subject to the personal holiday credit as described in section 6.4 of this document. Emergency shall be defined as any unforeseeable circumstances or situation requiring the presence of law enforcement personnel for the protection of life or property or to conduct COUNTY business.

The fourteen (14) calendar days notice requirement provided above pertaining to work schedule changes may be waived by the employee when the change is mutually agreeable with the affected employee and the COUNTY.

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ASSOCIATION members will adhere to a twenty-eight (28) day work cycle while attending basic DPSST academies.

6.4 NOTICE OF CHANGE In the event the COUNTY unreasonably fails to give the fourteen (14) calendar

days notice of a change in a work schedule, the affected employee (s) shall be credited with one (1) additional personal holiday, equivalent to the employee’s current regular shift hours, (but not to exceed ten (10) hours).

6.5 EXPLANATION OF CHANGE In the event of work schedule changes resulting in a change in the number of

days per week, or hours per day, to be worked, the COUNTY shall include with the notice an explanation of any changes in overtime calculations. Not including de minimus time as defined in Article 7.1.A. or approved overtime, it is agreed that an employee shall not be required to work more than forty (40) hours in a work week, except where the parties agree to an alternative schedule as provided in 6.2.

6.6 ABIDE BY PROVISIONS Work schedules shall not be temporarily changed for the purpose of avoiding the

wage provisions of this Agreement. 6.7 SHIFT BIDDING

A. Sheriff’s Office employees may bid shifts and days off based upon seniority on or about November 1st and May 1st. The employer shall post the shifts for the following year noting the slots for both hours of work and days off. Shift bidding will occur in November and May for the two subsequent three month periods. Employees in the classification of Facility Security Officer, Records Officer, and Communications Officer shall bid by classification within a work unit. Employees in the classification of Communications Specialist or Records Specialist shall bid by classification within a work unit. Employees on patrol shall sign up by seniority for position available on patrol, employees in the Jail shall sign up for position available in the Jail, employees in the CCC shall sign up for position available in the CCC. Should additional training or experience be reasonably necessary and not available on the employee's current shift, that employee's shift and days off may be changed to receive the necessary training or experience. At the conclusion of the training or experience period, the employee will be returned to his/her previous shift. The least senior employee on the corresponding shift may be transferred to accommodate the need to balance the shift complements. Should the shift bidding by seniority result in unbalanced shifts by the basis of the employee experience and ability to perform their jobs, then the Sheriff may move the least senior employee possible in order to achieve the balanced shift.

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No employee shall be required to work more than one (1) shift in a week. Employees may volunteer to work more than one shift per week.

B. Groupworkers may bid shifts and days off based upon seniority on or

about November 1st and May 1st. The employer shall post the shifts for the following period noting the slots for both hours of work and days off. Shift bidding will occur in November and May for the two subsequent three month periods. Should additional training or experience be reasonably necessary and not available on the employee's current shift, that employee's shift and days off may be changed to receive the necessary training or experience. At the conclusion of the training or experience period, the employee will be returned to his/her previous shift. The least senior employee on the corresponding shift may be transferred to accommodate the need to balance the shift complements. Should the shift bidding by seniority result in unbalanced shifts by the basis of the employee experience and ability to perform their jobs, then the Youth Services Department may move the least senior employee possible in order to achieve the balanced shift.

No employee shall be required to work more than one (1) shift in a week.

C. Irrespective of the normal procedures referenced in Clause 6.7 A herein,

the Sheriff's Office has determined that maintaining a 7-24 female/male staff continuity in the jail is preferred practice. To address this concern, the Sheriff’s Office shall accomplish such continuity as follows:

1. Intra–shift continuity shall first be accomplished by moving less

senior female deputies within a shift (thereby possibly changing the days off) before moving more senior male deputies.

2. Inter-shift adjustments could be necessary to acquire 7-24

female/male continuity. Such adjustments would be made on the basis of seniority per the contract.

3. Nothing herein shall be construed to require the Sheriff’s Office to

modify its shift pattern (overall coverage each day of the week).

D. Sheriff’s Office employees will normally be afforded an eight hour break between their prior work shift and their new work shift. In the event circumstances exist that prevent this from occurring, the affected employee will be given one shift off with pay, either the Friday swing shift or the Saturday graveyard shift, at the COUNTY’S election.

6.8 RECALL/CALLBACK An employee who, after completing his/her regular work shift, is recalled to

report prior to his/her next regular shift for trial preparation, court appearance or

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for reasons other than personal negligence, shall be guaranteed a minimum of four (4) hours pay at the appropriate regular or overtime rate as follows:

A. An employee held over within four (4) hours at the end of his/her

regular shift is not considered to be recalled, if the court appearance or preparation time is less than four (4) hours, the employee will be paid only from the end of the employee’s regular shift until released from duty or end of court appearance. Employees recalled less than four (4) hours prior to the start of his/her regular shift shall be paid only from the beginning of their recall period until the beginning of their regular shift.

B. An employee recalled on a day off shall be guaranteed a minimum of four

(4) hours of pay at the appropriate regular or overtime rate. If an employee is recalled a second time on the same day off within two and one half hours after the expiration of the first four hours of recall, hours paid shall be from the end of the first four hours recall until released from duty, less normal court noon recess. If an employee is recalled a second time on the same day off more than two and one half hours after the expiration of the first four (4) hours of recall, the employee shall be guaranteed a minimum for (4) hours pay at the appropriate regular or overtime rate. If the employee is recalled a second time on the same day off within the first four (4) hour recall period, hours paid will only be for actual hours worked after the expiration of the first four (4) hours of recall unless released from duty.

6.9 COURT APPEARANCES Court appearances and trial preparation during any day shall be deemed to

commence from the time an employee is required to appear in court or meet with the District Attorney’s representatives for trial preparation, and shall continue until released by the court or the District Attorney’s representative that day. Travel within the County will not be paid. Travel time outside of the County and court noon recesses of one (1) hour or less in duration shall be considered time worked.

6.10 WITNESS FEES It is understood that all witness fees and mileage expenses paid for court

appearances (exclusive of mileage allowance for travel to and from areas outside the Eugene-Springfield city limits on the employee's own time) shall be turned over to the COUNTY.

6.11 MEAL PERIODS

Employees shall have a paid meal period of thirty (30) minutes.

It is agreed and understood between the parties that the employee's meal period may be interrupted by the COUNTY'S reasonable operating needs, and that such employees are thus subject to call during their meal periods.

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The COUNTY shall be obligated to provide a meal for those employees who are not allowed to leave COUNTY facilities during their lunch break.

6.12 REST PERIODS

Sheriff’s Office employees shall be given paid breaks of fifteen (15) minutes twice a day to be scheduled in the middle of each half-day shift, or as close to that as possible. Should an employee be denied a break, the employee shall be paid thirty (30) minutes of overtime for each break the employee is denied. Group Workers shall be given two fifteen minute breaks during an eight hour shift. A break will be given for each four (4) hour period. Staff must take the break. If work conditions prevent a Group Worker from taking a break, then the Group Worker must notify the shift supervisor. If the supervisor cannot accommodate the break, the Group Worker shall receive thirty (30) minutes extra overtime time pay.

6.13 REPORTING PLACE Sheriff’s Office employees shall report to their scheduled duty post at their

designated starting time. No overtime pay shall be earned for de minimus activities as defined in Article 7.1.A. performed after the designated quitting time. Any hold-over overtime must be pre-approved by the shift supervisor, unless it is an emergency situation.

Groupworkers shall report to their designated permanent place of reporting at the

designated starting time and shall return to their reporting place so as to be off work by the designated quitting time.

6.14 TRADING SHIFT/SCHEDULES/DAYS OFF Employees who have similar qualifications and skills may request a long or short

term trade of assigned shifts, and/or assigned days off with the approval of the affected employees. The trade shall be granted upon the approval of the appropriate supervisors verifying the employee possesses similar qualifications and skills deemed necessary by the COUNTY to adequately perform the job requirements. If denied, the reasons shall be given in writing upon the employee's request outlining the reasons for such denial.

The COUNTY agrees that it is the intent of this provision to grant such requests in good faith and shall not exercise its rights for the purpose of avoiding this Agreement. All shift trading arrangements must be negotiated by the shift-trading individuals and, except in cases of emergency, they must give the supervisor at least forty-eight (48) hours advance notice in writing. The trade must be acceptable to the appropriate supervisor whose shift is affected. Approval will be based on ability to hold the position to be filled, and the number of consecutive hours to be worked prior to and following the trade. Such a request for a trade shall not be

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unreasonably denied. The employee negotiating the trade will be responsible for obtaining the approval of all those involved.

Approved trades will be made on the basis of comparable skill levels. Parties agreeing to work a trade must at least be able to perform the same skills that the other person is certified to perform at the time they work for the other person (e.g., in Dispatch, the skills need to match so that the employee working the trade could do anything the other employee would be able to do). Salary level will not be a factor. COUNTY payroll will not be affected by the process (i.e., a Communications or Records Specialist, Step 6, working for a Communications or Records Specialist, Step 1, will earn their normal hourly wage). If, for any reason, an employee who fails to work an agreed trade, that employee will have the number of hours deducted from his/her leave account equal to the number of hours the County was required to fill the trade. If the County filled the trade at overtime, the hours will be deducted by 1.5 per hour.

6.15 LONG-TERM TRADES Long-term trades, are defined as a voluntary change of assigned shift and/or

assigned days off within the same classification series and within the assigned section for a period in excess of fourteen (14) calendar days.

6.16 SHORT-TERM TRADES Short-term trades are defined as a voluntary change of assigned shift and/or

assigned days off within the same classification series and within the assigned section for a period of up to fourteen (14) days.

6.17 SUBMITTING REQUESTS At the time employees submit requests for short-term trades, the request shall

identify the specific days, dates and shifts that each involved employee will work and will identify the specific days, dates and shifts that are to be considered "payback" of any days or hours owed. This change and/or "payback" must take place within ninety (90) calendar days. In all instances, employees shall only exchange a like number of days and/or hours of the same duration.

6.18 SHIFT TRADE LIMITATIONS An employee trading shifts and/or days off may not work longer than sixteen (16)

consecutive hours in any 24-hour period, except when an emergency exists. 6.19 OVERTIME WAIVED ON SHORT-TERM TRADES The overtime (Article 7) will be waived for the traded hours on a short-term trade

only. 6.20 DOCUMENTING SHORT-TERM TRADES Employees absent from their assigned work shift due to a short-term trade with

another employee will indicate the name and the hours worked by their

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replacement in the PeopleSoft timecard system. This information will be entered in the Employee Comment section of the Timecard Punches option.

Employees replacing another employee absent from their regular assigned shift due to a short-term trade will indicate the hours worked and the name of the employee they replaced on their time card. The employee replacing another employee assumes all of the responsibilities of the regularly scheduled employee.

6.21 OVERTIME RESTRICTIONS No shift trade shall be allowed which will result in overtime costs to the COUNTY. 6.22 SCHEDULING PROCEDURE The COUNTY shall post a pre-schedule which will indicate the number of

personnel needed for each shift and indicate the predetermined days off to accomplish necessary personnel strength to assure adequate relief as required by the COUNTY.

6.23 COUNTY RIGHTS The COUNTY retains the right to assign personnel to any section, division, or

work assignment as deemed necessary without previous notice as long as the assigned shift and days off remain the same.

6.24 SCHEDULE CHANGES-GOOD CAUSE After posting of the final roster for the scheduling period, changes in schedules

by the COUNTY will not be made without good cause. The spirit of this Agreement intends good cause, to include, but not limited to, bona fide emergency conditions, significant changes in staffing levels due to budget or other unforeseen circumstances that significantly impact COUNTY operations. If time permits the COUNTY will seek qualified volunteers to accommodate scheduling needs.

6.25 TEMPORARY RESCHEDULING Temporary rescheduling for a period of thirty (30) days or less may be made at

the discretion of the COUNTY without fourteen (14) calendar days notice to accommodate temporary staffing needs including but not limited to vacations, extended sick leave, and military leave. If time permits, the COUNTY will seek qualified volunteers to accommodate this scheduling. Nothing in this section will be construed to limit voluntary trades of scheduling.

6.26 TEMPORARY HELP The COUNTY will not continuously hire extra help employees beyond 520 hours. 6.27 SCHEDULING LIMITATIONS Persons in continuous operations of twenty-four (24) hours per day and seven (7)

days per week who are subject to rotated shifts shall not be required to work

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more than seven (7) continuous days without a day off except in case of emergency as elsewhere defined in this Agreement in Article 6, Section 6.3.

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ARTICLE 7

WAGES AND OVERTIME 7.1 SALARY/STEP CONVERSION

A. Increase all salary schedules as follows:

1. Effective the first pay period following July 1, 2013, employees on the payroll on the date of ratification of the Agreement by the COUNTY, shall receive a one-half percent (.5%) wage increase.

2. Effective the first full pay period following July 1, 2014, employees

on the payroll on the date of ratification of the Agreement by the COUNTY, shall receive a one and one-half percent (1.5%) wage increase.

3. Effective the first full pay period following July 1, 2015, employees

on the payroll, shall receive a two percent (2%) wage increase.

4. De minimus is defined as but not limited to: donning and doffing of uniforms; exchange of keys/chits; travel to assigned post; and, a brief functional on-post briefing, or shift briefing. This time will not exceed 7 minutes per shift.

7.2 DPSST CERTIFICATION Those Sheriff’s Office bargaining unit members who have obtained a DPSST

certification shall receive the following certification pay based on the following recognized DPSST standards.

Advanced Certification 6.0% Intermediate Certification 3.0%

Those members who are Communications/Records Officers 1, 2 and Communications/Records Specialists and who are assigned for at least two consecutive hours to either the Police Services Division Communications Center or the Corrections Division Central Control and Reception will receive a 5.0% premium above their normal rate-of-pay for that shift.

Those Sheriff’s Office employees who must wear plain clothes as part of their regular assignment shall receive six hundred twenty-five dollars ($625) per annum for clothing allowance. Employees who have the option of wearing either plain clothing or a provided uniform will not receive a clothing allowance.

Any employee who is bilingual in Sign Language or Spanish shall be paid five percent (5%) premium pay.

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At an employee's tenth (10th) year anniversary, employee will receive two point five percent (2.5%) premium pay in recognition of the knowledge of the job they have acquired in those years of service. Every fifth (5th) anniversary thereafter, employees shall receive an additional two point five percent (2.5%) premium pay. Deputies assigned to the canine unit shall receive five hours per seven-day workweek for care and feeding of the canine. Overtime will not be paid for such extra work, unless the deputy is not released from patrol to address canine care duties. Time allowed per workday for canine care shall be considered appropriate compensation for canine maintenance for the entire week, including days off.

7.3 STEP ADVANCEMENT Effective January 1, 2008, each newly hired employee shall advance from Step 1

to Step 2 after twelve (12) months of appointment to a classification and to each higher step up through Step seven (7) provided that the employee receives at least an overall "successful" rating on their annual evaluation. In no case shall an employee be on a step longer than twelve (12) months including in-class transfers, provided the employee is performing at a “successful” level or higher.

Effective the first full pay period following January 1, 2016 all employees in the

Deputy Sheriff 1 classification will move from the Deputy Sheriff 1 classification to the Deputy Sheriff 2 classification at a step that is closest to their current step which does not result in a decrease in pay. The Deputy Sheriff 1 classification will then be eliminated and the Deputy Sheriff 2 classification will be renamed to Deputy Sheriff.

7.4 EMPLOYEE EVALUATIONS In the event an employee's evaluation is not completed within thirty (30) calendar

days of when due, the following pay period the employee shall advance to the next higher step through step 7.

7.5 APPROPRIATE STEP PLACEMENT Upon appointment to a classification within the bargaining unit an employee shall

be placed on the appropriate step within the salary range.

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OVERTIME

When overtime work is required for the efficient operation of the COUNTY, the following shall apply:

7.6 OVERTIME The following definitions shall be applicable for this section.

A. Work Cycle: The "work cycle" shall either be a seven (7) day period, or a fourteen (14) day work cycle for those on eleven and one half (11.5) hour shifts.

B. Overtime: "Overtime" shall be all work performed in excess of forty (40)

hours in a 7 day work cycle, eighty (80) hours in a fourteen (14) day work cycle (as applied to the eleven (11) hours and twenty-five (25) minute schedule in article 6.2) or any work performed in excess of the employee’s regularly scheduled shift.

C. Exceptions under Article 6.3, paragraph 3, apply to this article as well.

7.7 OVERTIME COMPENSATION Subject to the exception in Section 7.9, all authorized overtime work shall be

compensated by cash payment at the rate of one and one half (1-1/2) times the regular hourly rate.

7.8 COMPENSATORY TIME At the request of the employee and with the consent of the COUNTY, an

employee may earn compensatory time off at the rate of one and one half (1-1/2) hours for each hour of overtime worked. Any compensatory time off over forty (40) hours not taken by the first pay period of April and the first pay period of October of each year shall be converted to cash payment.

When an employee requests the use of compensatory time, the County will make compensatory time available within a reasonable period of time and compensatory time shall be taken at times mutually agreeable between the Employee and the County consistent with Critical Staffing Level leaves. In the event the County is unable to schedule compensatory time, a cash payment equivalent to requested compensatory time may be made to the employee in lieu of compensatory time off.

Any unused accumulated compensatory time off shall be paid in cash at the time of termination, death, or transfer to another Department or bargaining unit.

7.9 COUNTY RIGHTS The COUNTY shall be the sole judge as to the necessity, requirement, and

qualifications of personnel to work overtime.

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7.10 OVERTIME COMPENSATION LIMIT Overtime shall be compensated for only once for the same hours worked. 7.11 OVERTIME CALCULATION Overtime shall be calculated based upon actual time worked. 7.12 REST PERIOD Employees who are required to work beyond their regular quitting time, shall be

allowed a fifteen (15) minute rest period before the first hour of overtime worked has lapsed, providing that it can be reasonably foreseen that such overtime will exceed three (3) hours in duration, and providing that no operational emergency exists. This section does not apply to voluntary prearranged overtime.

7.13 SHIFT COMPLETION It is understood that for the purposes of overtime calculations, employees

working shifts which overlap workdays shall be assumed to have completed their shift on the day in which it commenced.

7.14 WORKING OUT OF CLASS A bargaining unit employee temporarily assigned to act in the capacity of a

bargaining unit or non-bargaining unit position classified at a higher rate of pay shall be paid at a minimum rate for the position to which assigned or at one step higher than the employee's current rate, not to exceed a maximum of 5.0% increase for all work performed for a minimum of one (1) complete shift per assignment, provided that such assignment is not for training purposes. Once the employee has completed a full shift as provided herein, said employee shall be compensated for the working-out-of-class pay from the beginning of said assignment.

7.15 ABIDE BY PROVISIONS It is agreed that an employee shall not be assigned to such positions in a trainee

status, nor shall an employee be rotated in and out of such assignment, nor shall the COUNTY request individual waiver for employees solely for the purpose of evading the provisions of this section.

7.16 PAY/BENEFITS - NO REDUCTION An employee temporarily assigned to work in a position classified at a lower rate

of pay shall not receive a reduction in pay or benefits during the period of such assignment.

7.17 SALARY FROZEN Employees who are reclassified to a classification with a lower salary range and

who at the time of the reclassification, are above maximum salary for the new classification, will have their salaries frozen for the period of time defined in the schedule below or until the range exceeds their salary:

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Years Continuous Regular Service Date of Salary Change

Less than one year Six months from the date of reclassification

One year but less than five years One year from the date of reclassification

Five years, but less than ten years Two years from the date of reclassification

Ten years or more Three years from the date of reclassification

Premium Pay 7.18 FLIGHT PAY Employees assigned as pilots in an aircraft shall receive twenty dollars ($20.00)

per hour flight premium. 7.19 FTO PAY LCPOA members in the Sheriff’s Office shall receive five percent (5%) FTO

premium pay for the hours they are responsible for training an employee in a formal FTO program.

The COUNTY shall select FTOs pursuant to General Order 3.21. If a qualified

FTO is not available due to short term absences during the day and time needed to train an employee, the COUNTY may designate a non-FTO to perform the training duties, and that employee will receive FTO pay.

7.20 DETECTIVES

Those employees assigned to detective shall receive a five percent (5%) premium pay while serving in that capacity.

7.21 BOMB TECH Effective the first pay period following ratification by the COUNTY, employees

assigned as Bomb Techs will receive five percent (5%) premium pay while engaged as Bomb Techs.

7.22 INTERAGENCY DRUG LAB RESPONSE TEAM (IDLRT)

Members of the Interagency Drug Lab Response Team (IDLRT) shall receive a five percent (5%) premium pay while actively engaged in lab response/clean up. There shall be no premium pay for training for the IDLRT team.

7.23 SPECIAL OPERATIONS RESEPONSE TEAM (SORT)

The deputies selected for assignment to the SORT team shall receive five percent (5%) premium pay when either engaged in SORT emergency responses outside the setting of the Lane County Adult Corrections Division or when called

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in to, or utilized exclusively in controlling a major disturbance at one of Lane County’s Correctional facilities. The premium pay will not be paid for training operations, taser assignments at the Correctional facility, cell extractions, or other non-emergency security contracts, such as the UO football games. A “Major” disturbance as defined in the LCAC Emergency Procedures Manual.

7.24 ON-CALL Any employee required to be on-call by the COUNTY or Sheriff’s Office will

receive one hour straight time pay for every day on-call. This time will not be paid in addition to Recall/Call Back, Article 6.8.

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ARTICLE 8

INSURANCE 8.1 INSURANCE POLICIES

The COUNTY agrees to cover its eligible and qualified permanent probationary and non-probationary employees with certain insurance protection and related programs at benefit levels no less than those in effect as of ratification of this Agreement. These insurance benefit programs shall include:

A. Health Insurance. The COUNTY shall provide employee health insurance.

Employees will have the choice between a point of service plan (the “Co-Pay Plan”), and a high deductible major medical plan with a health savings account (the “HSA Plan”). The COUNTY will contribute an amount equal to the premium paid for the insurance benefit as of the prior contract year, plus an increase of ten percent (10%) toward such premiums. In the event the premium cost exceeds the 10% increase, the difference shall be shared equally by the COUNTY and the employees. Any employee contributions that may be required as a result of this provision shall be effectuated through payroll deduction.

(1) Effective January 1, 2014, for all employees who elect the HSA Plan, the

COUNTY will deposit an amount equivalent to the annual deductible, based on their enrollment as individual ($1500) or family ($3000), into the employee’s health savings account.

(2) Effective January 1, 2015, for all employees who elect the HSA Plan, the

COUNTY will deposit an amount equivalent to the annual deductible, based on their enrollment as individual ($1500) or family ($3000), into the employee’s health savings account.

(3) Effective January 1, 2016, for all employees who elect the HSA Plan, the

COUNTY will deposit an amount equivalent to the annual deductible, based on their enrollment as individual ($1500) or family ($3000), into the employee’s health savings account.

(4) Opt Out

For the plan years beginning January 1, 2014, the County will offer an “opt out” provision for employees who determine that they do not require medical and vision insurance coverage through the County plans. This will take effect January 1, 2014. The employee would receive a monthly amount in lieu of medical and vision insurance coverage. The employee will be required to provide proof of other coverage at the time of the declination of County medical and vision insurance, and is required to have continuous medical coverage.

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B. Dental Insurance. The COUNTY shall provide fully paid employee and

dependent health insurance, (including adult orthodontic care) with major medical services of not less than those currently provided, or, at the option of the employee, a health maintenance plan. COUNTY contribution to be equal under both plans.

C. Life Insurance. The COUNTY shall provide fully paid employee term life

insurance including accidental death and dismemberment in the amount of $50,000 or twice the employee's annual salary, whichever is greater;

D. Occupational Life Insurance. The COUNTY shall provide fully paid

employee occupational life insurance in the amount, of $10,000 in-accordance with ORS 243.005 through 243.055;

E. Long Term Disability. The COUNTY shall provide fully paid employee

long-term disability insurance to provide 66-2/3% of gross income after ninety (90) days of disability; not to exceed the limits of the plan; which shall not be decreased during the life of the Agreement.

F. Liability Insurance. The COUNTY shall maintain liability insurance or

self-funded protection per ORS 30.285;

G. Supplemental Insurance. The COUNTY agrees to provide payroll

deduction services for employees who elect to enroll and self-pay in one supplemental insurance policy subject to the ASSOCIATION’S choice.

The ASSOCIATION agrees to participate in the Joint Labor/Management Benefits Review Committee. Should this Committee recommend a change in the benefit package to the Board of County Commissioners, the ASSOCIATION agrees to meet and seriously consider the Committee's recommendations. 8.2 PERS AND FICA ENROLLMENT The COUNTY agrees to enroll each eligible and qualified employee in the

following programs:

A. The Public Employees Retirement System (PERS) or the Oregon Public Service Retirement Plan (OPSRP). The COUNTY shall pay the employer’s portion of this cost.

The COUNTY will pay the employees’ 6% IAP contribution.

B. The Social Security System (FICA), for enrollment purposes, only.

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8.3 RETIREE’S INSURANCE

A. Upon retirement, all employees hired on or before July 1, 1987 and who have worked ten (10) full, continuous years prior to age seventy (70), shall be eligible for County-paid health insurance and may transfer from the active group to the retired group, provided such employees are eligible for and receiving PERS benefits.

B. Upon retirement, all employees hired between July 1, 1987 and July 1,

1993 and who have worked twenty (20) full, continuous years prior to age seventy (70) shall be eligible for County-paid health insurance and may transfer from the active group to the retired group, provided such employees are eligible for and receiving PERS benefits.

C. To qualify for Public Safety voluntary retirement, employees must be

defined as Police Officers under ORS 237. 121 and. ORS 237.610, and be at least fifty (50) years of age. Other employees must be fifty-five (55) years of age or older or receiving benefits under the COUNTY long-term disability program regardless of age.

D. It is understood that annual adjustments, if any, to health insurance

benefits of retired employees will be determined in the sole discretion of the COUNTY and may or may not equal those of bargaining unit members.

8.4 DISABILITY

A. Non-occupational Illness or Injury

1. County Medical Leave (Short Term Disability) will be paid as follows: a. New employees and current employees who have not yet

completed six (6) months of regular employment will be granted an 80-hour Elimination Period Bank the first pay period following the successful completion of six (6) months of regular employment with the COUNTY. Employees hired prior to the effective date of this contract and who have completed six (6) months of regular employment with the COUNTY will be granted the same 80-hour bank within 60 days after the contract’s ratification.

b. This Elimination Period Bank (EPB) may only be used for the

80-hour elimination period for approved Short Term Disability (STD) leave and once used, will not be renewed.

c. The EPB may not be donated or sold (converted), even at

termination, nor does it accrue regular TM when used.

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d. First two weeks of STD (one week equals 40 hours for full-

time employees) is the Elimination Period and will be charged to the employees accrued Leave Banks or may be taken as Unpaid Leave if the leave qualifies under FMLA or OFLA rules or if all other approved Leave Banks have been exhausted.

e. Third and fourth weeks continue at 100% pay; f. Fifth and sixth weeks continue at 90% pay; (For full-time

employee, this translates to 7.2 hours/day.) g. Seventh and eighth weeks continue at 80% pay; (For full-

time employee, this translates to 6.4 hours/day.) h. Ninth and tenth weeks continue at 70% pay; (For full-time

employee, this translates to 5.6 hours/day.)

Remaining time will be paid at 66-2/3% to the conclusion of 90 days. (For full-time employee, this translates to 5.3 hours/day.)

2. Each employee's existing sick leave balance, if less than 400

hours, as of January 6, 1990, to a maximum of 150 hours shall be preserved in a separate bank known as the Extended Illness Bank. If the employee's sick leave balance is 400 hours or more as of January 6, 1990, 250 hours shall be preserved in a separate bank known as the Extended Illness Bank. Extended illness bank hours may be used for the sole purpose of off-setting the use of time management hours to meet the fourteen (14) calendar day elimination period prior to the start of disability leave. After forty (40) consecutive work hours have been charged to the Time Management balance, the remaining hours of the elimination period shall be charged to any remaining balance in the employee's extended illness bank until the employee has exhausted his/her extended illness bank hours.

3. Once an employee has received benefits under this provision, no

further time shall be charged against an employee's time management leave until he/she has returned to work and subsequently suffered another illness or injury.

4. If the same illness or injury recurs, requiring the employee to leave

work, and the employee has returned to work for twenty-eight (28) or less calendar days, or if the employee is remaining under a doctor's care and the doctor recommends additional time off for the

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same illness or injury, no additional time will be charged against the employee's accrued time management leave.

5. It is, understood that disability leave for any reason shall not

exceed that period during which the employee is in fact physically unable to return to work in full capacity, as substantiated by the employee’s physician. Return to work in a limited duty capacity shall be counted as part of and shall not extend the ninety (90) day eligibility period.

6. It is understood that any time off charged to disability leave

pursuant to this Section may require substantiation to the satisfaction of the COUNTY prior to compensation. Failure to provide satisfactory substantiation will result in denying compensation and may result in disciplinary action pursuant to Article 15, DISCIPLINE AND DISCHARGE, of this Agreement.

7. Employees who are on disability leave shall not accrue Time

Management (Article 9) or holiday time/personal time off (Article 10.1-10.4). The COUNTY will not charge any holiday time/personal time off when an employee is off on disability leave.

8. Deputies who have exhausted the ninety (90) calendar days short-

term disability leave and who have a medical prognosis to be able to return to full duty within the next ninety (90) calendar days may request up to an additional ninety (90) consecutive calendar days of leave without pay.

9. Deputies who are approved for an additional ninety (90) days of

unpaid leave per paragraph 8 are eligible to sell accrued leave (excluding Extended Illness Hours) up to the amount needed to match base pay plus certification pay and/or longevity pay plus the cost of maintaining health insurance benefits under COBRA.

B. Occupational Illness or Injury

In the event of a leave of absence due to an illness or injury covered by Workers Compensation, the following shall apply:

1. Employees who sustain an injury or illness compensable by

Workers' Compensation and who are unable to perform their assigned duties will be paid the difference between their regular salary and compensation benefits for lost time for the first ninety (90) calendar days of the employee's on-the-job illness or injury. Such time shall not be charged against any earned leave balance. Employees in the first 90 calendar days of an on the job illness or injury shall have the option of giving their full Workers'

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Compensation check to the COUNTY and receiving their regular salary.

2. Deputies who sustain an injury or illness compensable by Workers'

Compensation and who are unable to perform their assigned duties will be paid the difference between their regular salary and compensation benefits for lost time for the first ninety (90) calendar days of the employee's on-the-job illness or injury. Such time shall not be charged against any earned leave balance. The COUNTY shall maintain fully paid health benefits during a worker’s compensation qualified leave up to one hundred eighty (180) days from first date of authorized time loss, provided that the medical prognosis indicates that the employee will be able to return to work within the one hundred eighty (180) days.

3. Employees on Worker’s Compensation leave shall not have holiday

time/personal time off deducted from their personal banks if they have not been released to work.

4. Employees on Workers’ Compensation shall not accrue holiday

time/personal time off if they have not been released to work.

8.5 SUBROGATION Any employee who sustains any illness or injury and continues to receive their

regular wages from the COUNTY shall be obligated to return to the COUNTY any payment they may receive reimbursing them for lost wages from a third party(ies). For example, if the employee is a victim in a motor vehicle accident and recovers lost wages from a third party(ies) or the third party’s(ies) insurance carrier, the employee must reimburse the COUNTY for the disability wages paid to him/her by the COUNTY. In addition, it is recognized that the COUNTY has a right to initiate or join any proceedings against a third party(ies) to seek reimbursement of disability wages.

The parties recognize that many personal injury claims are settled for less than full value. If an employee believes a settlement of his/her claim against a third person was less than the full value of the claim, whether the employee spent a substantial amount of money in expert fees, court costs, to recover the claim, etc., the employee and the COUNTY will meet in an attempt to comprise the COUNTY'S right of subrogation. If that cannot be accomplished, the parties will submit it to an Arbitrator pursuant to the grievance procedure to establish an appropriate amount.

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ARTICLE 9

TIME MANAGEMENT 9.1 PURPOSE It is the purpose of the employee time management (TM) program to provide

employees with a leave with pay program which is easy to understand, responsive to individual needs, and easy to administer.

9.2 ELIGIBILITY This program covers all employees in the bargaining unit. Employees covered by

these provisions shall not be eligible for separate leave benefits covering the following:

(1) Family Emergency Leave (2) Vacation Leave

(3) Sick Leave (non-occupational or injury leave, excluding disability leave)

9.3 ACCUMULATION Eligible employees shall accumulate earned leave, based on full-time status, at

the following rates:

Months Earned Leave Earned Leave of Annual Bi-Weekly Service Accumulation Accumulation 1-24 mos (0-2 yr) 23.0 days/yr 7.077 hrs/pay period 25-48 mos (2-4 yrs) 26.0 days/yr 8.000 hrs/pay period 49-108 mos (4-9 yrs) 29.0 days/yr 8.923 hrs/pay period 109-168 mos (9-14 yrs) 32.0 days/yr 9.846 hrs/pay period 169-228 mos (14-19 yrs) 35.0 days/yr 10.769 hrs/pay period 229-288 mos (19-24 yrs) 38.0 days/yr 11.692 hrs/pay period 289 mos +(24 + yrs) 41.0 days/yr 12.615 hrs/pay period

9.4 PART-TIME EMPLOYEES Eligible, part-time employees shall accrue and use time off under this program on

a pro rata basis using the percentage of full time the employee was paid in the previous two pay periods as a base.

9.5 EXISTING VACATION At the time of termination or retirement, any vacation balance shall be paid in

cash at the then current salary rate on a one for one basis. 9.6 USAGE During the course of the year, absences from work for any reason other than

on-the-job illness or injury covered by Worker's Compensation, disability leave as provided for in Section 8.4 of Article 8, or holiday time/personal time off shall be

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charged against the employee's accrued leave balance. Earned leave shall accrue whenever an employee is on pay status with the COUNTY. Employees do not accrue earned leave when on leave without pay.

9.7 MAXIMUM ACCUMULATION An employee may accumulate earned leave, excluding the separate vacation

balance, if any, to a maximum of twice their annual time management accumulation. As of the end of the pay period in which March 31 falls in each year, any employee credited with accrued leave greater than twice their annual leave accumulation shall forfeit that amount above their maximum accumulation. An employee who has acquired the maximum allowable accumulation of earned leave may continue to accumulate earned leave for the balance of the calendar year in which the maximum accrual was reached, provided, however, that the employee must reduce the accumulation to the maximum allowable prior to the following March 31 or forfeit the excess.

9.8 TERMINATION

A. After six (6) months of service, upon the termination of an employee, the employee's accrued time management leave balance as of the date of termination shall be converted into pay at the rate of one (1) hour for each

two (2) hours of accrued time management leave. B. Employees who wish to use Time Management between the date of notice

of termination and the employee’s termination will submit a memorandum to the employee’s supervisor explaining the reason for the request. If Time Management has not been requested and approved prior to the notification of intent to terminate employment, the employee may be allowed to take Time Management. Employees who have given less than two (2) weeks notice of termination will not be eligible. Employees who give two (2) week’s notice will be eligible for up to two (2) days Time Management. Employees who give three (3) or more weeks’ notice will be eligible for up to five (5) days Time Management. In no event shall the employee be eligible for more than five (5) days. Approval or denial of all such requests is subject to the reasonable operational needs of the COUNTY. Time Management shall not be approved for the purpose of extending the employee’s termination date.

9.9 DEATH In the event of the death of an employee, all accumulated earned leave shall be

paid to the employee's personal representative, at the current rate of pay. 9.10 SCHEDULING

A. Employees shall, whenever possible, request time-off in advance. Use of such leave must be scheduled between the employee And the COUNTY. When an employee is sick or an unforeseen situation occurs requiring

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their presence elsewhere, the employee must notify their supervisor as soon as possible.

B. In the Sheriff’s Office there shall be an annual sign up for scheduled

blocks of time off, conducted by the COUNTY within the two-week period following the conclusion of the November shift bid. Employees may utilize the bid process to select one three-week block, one two-week block, or one one-week block. After the initial bid, the employees who selected a two-week block or a one-week block may bid again (by seniority) for their remaining block(s).

Probationary employees in the Sheriff’s Office will be allowed to bid for vacation blocks with the same conditions except that they will not be allowed to bid for blocks that fall within six (6) months of their initial hire date in their present classification. This does not apply to Specialists. Department of Youth Services Group Workers will submit their request for time off at least ten (10) calendar days in advance of the requested date(s).

C. An employee's request for time off shall not be denied on the premise that it will be granted only if the employee finds a replacement. In addition, if an employee puts in a request for time off and the COUNTY does not respond to it within fourteen (14) days from the day it is submitted, the employee may assume that the request has been granted.

9.11 CONVERSION -

A. Employees may sell accrued time management hours and vacation hours

subject to the following restrictions:

1. The maximum number of time management hours and vacation hours that can be converted into cash compensation in a calendar year cannot be greater than the number of hours taken in that same calendar year or eighty (80) hours whichever is the lesser.

2. The time management leave hours must be either scheduled or

used prior to any conversion pursuant to this provision.

B. Subsection (1) above notwithstanding, during the last three (3) years prior to retirement, employees may sell up to 200 hours per year of their annual leave accrual at the current rate of pay. Extensions of an employee's scheduled retirement date notwithstanding, no employee will be entitled to this benefit in more than three (3) years.

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9.12 SUBSTANTIATION It is understood that illness or injury of any duration may require substantiation to the satisfaction of the COUNTY prior to compensation. 9.13 TM DONATION

Time Management Donations and exceptions to these requirements will be allowed on a case-by-case basis and require approval by the Human Resources Director. Employees who are eligible for the County’s Short Term Disability (STD) and/or for Long Term Disability (LTD) benefits are not eligible for this program, nor are the 80 hour eligibility period for STD subject to this program. Employees who have an extreme emergent situation, and have no available earned leave time, may request Time Management Donations through the following procedure: A. Employee or his/her co-workers may make a request in writing to their

supervisor stating the nature of the emergent condition and the reason for the request.

B. The Supervisor will review the request, verify the employee’s leave

balance, and check to see if other options are available. If it is found that no leave is available, the request will be forwarded to the Department Director. If the Department Director concurs, the request is forwarded to the HR Director for approval.

C. Employees of the Department are notified of need and given an

opportunity to donate. In order for this policy to be most effective, employees should be given a specific period of time in which to donate hours.

D. Donors must retain a minimum of 80 (eighty) hours in their TM bank after

the donation occurs. E. The necessary Donation of Time Management Hours form is provided by

the department and when filled out is submitted directly to Payroll in order to maintain confidentiality. All names of all donors are to remain confidential. Every effort shall be made to protect the confidentiality of any medical information throughout this process.

F. When employee must take time off from work, hours will be coded as “75-

Emergency Situation”. The donated Time Management hours may not be used for any other purpose than the emergency for which they are intended. The department is responsible for monitoring these hours. Hours are transferred to the employee’s account as needed.

G. When the emergent situation has ended, any donated hours not used will

be credited back to donors on a pro-rata basis.

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H. Donations will be based on time donated, not dollar value of donation. I. An employee who donates TM and subsequently retires or terminates

employment before the emergent situation is over shall forfeit donated TM.

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ARTICLE 10

PAID LEAVE 10.1 HOLIDAYS In lieu of paid holidays, employees shall accrue holiday time/personal time (PT)

off at the rate of 3.385 hours per biweekly pay period to an accumulation of eighty-eight (88) hours at any one time. Employees will be required to use PT when taking off a County recognized holiday. County recognized holidays are New Year’s Day, Martin Luther King Jr.’s Day, President’s Day, Memorial Day, Independence Day (July 4th), Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. The day of the week that the holiday falls in the calendar year will be the day the employee must code as PT. For example if July 4th falls on a Saturday, LCPOA employees will code PT on the 4th of July, not on the Friday before, which would be the County observed holiday for non LCPOA employees.

10.2 MUTUALLY AGREED SCHEDULING Holiday time/personal time off may be taken at times mutually agreeable

between the employee and the COUNTY if mutual agreement cannot be reached after the employee has reached eighty eight (88) hours accumulation, then the COUNTY may assign time off to be in conjunction with the employee's normal days off to avoid payment of overtime. Compensation for holiday/personal time off shall be at the straight time rate per hour taken.

10.3 MAXIMUM ACCUMULATION OF HOLIDAY/PERSONAL TIME An employee may accumulate up to a maximum of ninety-six (96) hours if

arrangements cannot be made to allow the employee to take holiday time/personal time off, and if the employee is unable to take holiday/personal time off due to COUNTY requirements, the employee may receive cash compensation at one and one times the applicable straight time rate in lieu of future accumulations over ninety-six (96) hours until such time as accommodations can be made to allow time off.

10.4 HOLIDAY/PERSONAL TIME PAYOFF Employees when terminated, who have accumulated holiday/personal time not to

exceed the limits above, shall be paid for such holiday time/personal time off provided that such pay shall be at the straight time rate. If the employee dies, his/her personal representative shall be paid in the same manner.

10.5 BEREAVEMENT Employees shall be reimbursed for lost work as a result of a death in the

employee's immediate family to a maximum of three (3) day's pay, (need not be consecutive),or if out-of-state travel is required one (1) week's pay at the regular straight time hourly rate. Immediate family is defined as spouse, children, mother, father, stepmother, stepfather, stepchild, father-in-law, mother-in-law, grandparents, grandparents-in-law, grandchild, brothers, sisters, brother-in-law, sister-in-law, Registered Domestic Partner, domestic partner (affidavit on file) or

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any other person residing in the employee's immediate household. Leaves must be taken within thirty (30) days of death. Exceptions may be granted by the Sheriff or the DYS Director for exceptional circumstances.

10.6 JURY DUTY An employee who appears for jury duty, or subpoenaed as a State's witness in

any municipal, COUNTY, State or Federal Court shall, upon receipt by the COUNTY of all fees paid to the employee for such service, be reimbursed for loss of wages incurred as a result of such service. In addition, said employees shall be reassigned to day shift while on jury duty by way of administrative shift trade, without regard to the notice requirements of Article 6.4.

If an employee is released from jury duty more than one and a half hours early,

they shall contact their shift supervisor to see if they are required to report to duty. If the employee is released with less than one and a half hours early the employee is not required to report back for duty.

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ARTICLE 11

UNPAID LEAVE 11.1 LEAVE OF ABSENCE Leave of absence for good cause as determined by the COUNTY may be

granted by the COUNTY provided that such leaves do not significantly disrupt normal COUNTY operations. In case of pending layoffs, identified at risk employees may be granted one week of leave without pay to pursue alternative employment opportunities. In this instance employees will not be required to use accrued time.

11.2 WITHOUT PAY Leaves of absence shall be without pay except as specified elsewhere in this

Agreement. 11.3 PROPER APPROVAL No payment for any leave of absence shall be made until such leave has been

properly approved. Requests for such leaves shall normally be in writing and applicable upon written receipt of approval from the appropriate appointing authority stating the terms and conditions of the leave.

11.4 MAXIMUM LENGTH With the exception of military active duty, Peace Corps, and leave granted in

accordance with paragraphs 11.7 below and Article 3, Section 3.5, a leave of absence without pay may not exceed ninety (90) calendar days, subject to extension on approval of the County Administrator.

11.5 FAILURE TO RETURN An employee who has been granted a leave of absence and who, for any reason,

fails to return to work at the expiration of said leave of absence, shall be considered as having resigned, and the position shall thereupon be declared vacated, except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of inability to return to work by reason of sickness, physical disability or any other legitimate reason beyond the control of the employee, and has received approval for an extension of such leave.

11.6 UNEXCUSED ABSENCE Absence of an employee from duty including any absence for a single day or part

of a day, which is not authorized by specific grant or leave of absence, or the use of a leave of absence for reasons other than for which it was approved, shall be deemed an unexcused absence without pay and subject to disciplinary action including discharge.

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11.7 MAXIMUM LENGTH – 5 YRS = 1 YR MAX Employees may be granted at the discretion of the COUNTY an unpaid leave of

absence for up to one year after each five (5) years of continuous service subject to the following conditions.

A. The employee must request such leave in writing at least six (6) months in

advance of the beginning date of the leave. Leaves of absence shall be granted or denied by the COUNTY within one month of application of said leave.

B. Employees returning from this type of leave shall not displace or cause the

layoff of any employees employed at the conclusion of the leave, but shall be entitled to the first available vacant position in the classification held at the time the leave commenced.

C. To be eligible to return from such leave, the employee must meet the

minimum health and employment standards and be capable and qualified to perform the job.

D. Upon return, the COUNTY shall reinstate all contractual and COUNTY

rights and benefits, including seniority rights not exhausted or withdrawn. Such rights and benefits shall be at the same level as they were at the time the leave of absence began. Seniority shall be calculated by deducting the actual time of the leave from the employee's length of continuous service.

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ARTICLE 12

ALLOWANCES AND EQUIPMENT 12.1 UNIFORMS, PROTECTIVE CLOTHING & TOOLS The COUNTY retains the exclusive right to determine which employees shall be

authorized and allowed to wear an officially designated uniform representing the Sheriff, the Sheriff's Department and/or the COUNTY while acting in the capacity of an employee of the COUNTY.

12.2 COUNTY RIGHTS The COUNTY shall retain the exclusive right to determine the style, color,

material, identifying patches, badges and the specifications of any authorized and officially designated uniform, to include any equipment utilized by an employee to perform and accomplish their authorized official duties.

12.3 COUNTY FURNISHED EQUIPMENT Authorized uniforms and required duty-rated equipment shall be furnished by the

COUNTY to all new employees required to wear a uniform or carry, and use specified equipment. These items, when required by the COUNTY, include: headwear, duty belt and leather accessories, holster, on-duty handgun, bullet-resistant vest, Sheriff's badge, shoulder patches, name tags, jacket and baton, footwear1 and may include other items, accessories and equipment authorized, approved and required by the Sheriff. Excluded are socks, underclothing, and trouser belts, even though the COUNTY may require these excluded items to be specific in colors for color coordination if the item can be viewed at any time by the public while the employee is in uniform. Replacement of worn or damaged uniforms and COUNTY-furnished equipment shall be furnished by the COUNTY upon inspection, approval and return of the worn or damaged item to the COUNTY. Employees may be required to replace at their own expense lost or stolen items when, in the judgment of the COUNTY, the item was lost or stolen due to the negligence of the employee. Costs for uniform cleaning, general maintenance and related costs are the employee's responsibility. The COUNTY shall furnish at its expense the weapons and ammunition as recommended by the firearms committee and ensure that all deputies who are required to be armed in the course and scope of their employment shall be furnished with a properly fitting bullet-resistant vest. The COUNTY shall establish a program for replacing vests as their life expectancy has expired.

Alterations and tailoring shall be accomplished only with the approval of the COUNTY.

1 Appropriate footwear shall be provided one time to a new employee at time of hire for a reimbursement up to $125.00. The COUNTY will not be required to replace or repair footwear, except under APM Chapter 3, Section 33.

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12.4 REIMBURSEMENT FOR PERSONAL CLOTHING/EQUIPMENT Personal clothing and equipment damaged beyond normal wear and tear or

stolen as a direct result of duty related activities shall be repaired, or the employee shall be reimbursed at an amount, not to exceed $500 per year.

12.5 SAFETY RIGHTS Nothing in this section shall impair any right pertaining to safety held by the

ASSOCIATION or its members under federal or state law. 12.6 EXPENSE REIMBURSEMENT Travel expenses incurred by employees as a result of job requirements shall be

reimbursed per the APM Chapter 2, Section 7, as in effect on July 1, 2007 and attached herein as Attachment A.

12.7 TUITION ASSISTANCE Members of the bargaining unit may be eligible for tuition and fee reimbursement

for courses of higher education undertaken while employed by the Sheriff’s Office or Department of Youth Services subject to the following conditions:

A. Courses must be reasonably related to the performance of the employee's

current duties, fulfill related degree requirements, any classes approved by the employee’s supervisor or to prepare the employee for promotion within the Department, and based on educational requirements of the COUNTY.

B. Courses must be taken at an accredited college or university.

C. Reimbursement will be for 100% of the tuition and fees only. Books,

transportation and related expenses will be the responsibility of the employee.

D. Requests for tuition and fee reimbursement must be submitted in writing

prior to the start of the course identifying the specific course requested; tuition and fee cost of course and identify how this course reasonably relates to the performance of the employee's current duties or promotion within the Department.

E. Approval for tuition and fee reimbursement must be granted by the

Department Head or his/her designee, which shall be the Training Coordinator, before the course begins.

F. Approval or denial of tuition and fee reimbursement requests shall be at

the discretion of the Department Head or his/her designee.

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G. Approval of tuition and fee reimbursement shall not be construed as tacit agreement by the COUNTY to provide time off to attend class. Arrangement of time off shall be the responsibility of the employee, using the available contractual means, including personal time, vacation time, leave without pay, and/or shift trades.

H. Employees shall not be eligible for reimbursement if they are otherwise

eligible for G.I. benefits or are receiving other scholarship or financial aid (except student loans) for education purposes. Further, reimbursement for tuition and fees as provided in this Article shall not include student loans that the employee must repay in full. The employee must provide proof of the repayment Agreement from the lender and demonstrate that all repayment conditions of said Agreement are being met.

I. In order to be reimbursed proof must be presented by the employee that

the employee completed the course with a grade of "C" or better. The COUNTY may request proof that the course was paid f or by the employee and not by another government agency, or grant or loan program.

12.8 PARKING

The COUNTY may continue its past practice of charging for parking at work sites, except that free parking will continue at the main Lane County Correctional Facility and the Department of Youth Services John Serbu Youth Campus.

A. The COUNTY may raise parking fees to match fees in the market area,

however only one change may be made during the period July 1, 2013 to June 30, 2015. Any increase will not exceed $5.00 per month.

B. The "Market Area" used by the COUNTY to establish parking fees will be

defined as all parking lots, except the most expensive lot and least expensive lot, between High and Charnelton Streets on the East and West, 4th and 11th Streets on the North and South of the Lane County Public Service Building and the Courthouse.

C. The COUNTY may reopen this article for negotiation, if the increase in

parking rates exceeds $5.00. 12.9 TRAINING OPPORTUNITIES The COUNTY agrees to provide training for DPSST certified employees as

required by State statute and or rules.

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ARTICLE 13

SENIORITY/LAYOFF AND RECALL 13.1 DEFINITION Seniority is defined as bargaining unit seniority based upon the length of an

employee’s continuous service since his/her last date of hire by the department in a bargaining unit position. In the event of an unpaid leave of absence in excess of thirty (30) calendar days, other than for military duty or jury duty, granted in accordance with Section 11.1 of this Agreement, the actual time of such leave shall be deducted from the employee's continuous service seniority accumulation.

If more than one applicant in the specific job classification, such as Deputy

Sheriff, is hired on the same day creating a “tie”, the order of seniority will be based upon the individual’s overall combined written test and interview score. If a tie still exists, then seniority will be determined by lot.

The combined score will only be used for employees hired on 07/01/2013 and

thereafter. Employees hired prior to this date will be subject to the following language: “in case of a tie, the status of the employees will be determined by written test scores and if a tie still exists, by lot.”

For all employees hired on the same date who are not subject to test and

interview scores, seniority shall be determined by lot. 13.2 CONTINUOUS SERVICE Continuous service shall be service unbroken by separation from the COUNTY

service, other than by military, Peace Corps, vacation, protected disability leave or ASSOCIATION leave in accordance with Article 3, Section 3.5. Time spent on other types of authorized leave will not count as time of continuous service except that employees returning from such leave, or employees who were laid off, shall be entitled to credit for service prior to the leave or layoff.

13.3 TRANSFERS In the event a COUNTY employee from another bargaining unit transfers or hires

into the Department, his/her seniority will be established in accordance with Section 13.1, except such an employee will not lose accrued time management, sick leave time, or other accrued time. Such accruals shall be made in accordance with the employee’s COUNTY seniority.

13.4 SENIORITY RETENTION Employees promoted or reclassified to positions outside the bargaining unit shall

retain the seniority accumulated while serving in a position within the department now represented by the ASSOCIATION. Seniority for the purposes of this Section shall continue to accrue while in a position outside the bargaining unit.

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13.5 PROBATIONARY COMPLETION New employees shall not accrue seniority until successful completion of the

probationary period. Upon successful completion of the probationary period, the total length of the probationary period from date of hire within the department may then be applied as seniority.

13.6 SENIORITY – PROMOTION, DEMOTION, ETC. Where otherwise equal, as determined by the COUNTY, in performance, fitness

and job skills relative to the bargaining unit position as opposed to the classification, the COUNTY agrees to recognize and consider seniority in respect to promotion, demotion, except demotion for disciplinary reasons, and permanent transfers from one position to another. Promotions to the rank and position of sergeant shall be made exclusively from members of the bargaining unit.

13.7 LAYOFF Layoff shall be in the inverse order of seniority. If approved by the COUNTY, an

employee may elect to be subject to layoff even though their seniority may be greater than that of an employee scheduled for layoff. Employees subject to layoff shall be given written notification at least fourteen (14) calendar days in advance of the effective date of layoff.

13.8 BUMPING Should a layoff or elimination of a position occur, the employee with the least

seniority within the affected classification shall move to a lesser classification in the same series within the same department, provided that the employee's seniority is greater than that of any employee in the lesser classification. Then the least senior employee or employees displaced would have the same right to move to the next lower classification in the same series within the same department. This same procedure is applicable to supervisory personnel entering the bargaining unit for the same reasons subject to 13.8 of this section. In the event the COUNTY shall elect to fill any existing vacancies within the bargaining unit and/or establish new positions within the existing classifications, those employees who previously held the vacant position or new position shall be reinstated into the vacant or new position without re-testing for a period of three (3) years from the date the employee vacated their position and moved to a lesser classification. This reinstatement by an employee who has previously held that vacant or new position shall be accomplished by reinstating the employee with the greater seniority in the next lower classification. Other than as provided for in Article 13.9, no other non-bargaining unit employee shall be permitted to bump into a bargaining unit position.

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13.9 SUPERVISORY NON-BARGAINING UNIT Current supervisory non-bargaining unit employees may become members of the

bargaining unit by means of demotion, transfer, reclass or recall into a bargaining unit position and shall maintain seniority from date of hire with the Sheriff's Office or Department of Youth Services of Lane County, so long as the supervisor has previously held a represented bargaining unit position. Supervisory non-bargaining unit employees entering the bargaining unit shall enter the same bargaining unit classification held at the time of promotion. If a supervisor enters the bargaining unit, their salary will remain the same if it is within the salary range of the lower classification or be adjusted to the nearest corresponding pay step of the lower classification, but if their salary exceeds the maximum of the salary range of the lower classification, then they shall receive the maximum salary of the lower classification, unless the reason for entering the bargaining unit was for disciplinary reasons. Supervisory non-bargaining unit employees entering the bargaining unit as a result of voluntary demotion or a non-disciplinary demotion which occurred while the supervisor was on promotional probation, shall enter the same bargaining unit classification held at the time of promotion and pay step they would have attained had they remained in the bargaining unit.

13.10 SENIORITY LIST The COUNTY shall furnish to the ASSOCIATION upon request a current

seniority list on a biannual basis. 13.11 RECALL Recall shall be in the inverse order of layoff. If an employee is offered recall to a

lower classification as listed above, and refuses said offer, the employee will only be eligible for recall to the classification held at the time of layoff.

13.12 SENIORITY PROTECTION The seniority of an employee who has completed probation shall be protected for

a period of three (3) years during layoff, provided that such employee has not been given an opportunity to return to work in their same classification. The COUNTY shall recall an employee on the layoff list by personal service or by registered or certified mail, return receipt requested, to the employee's address as shown in the COUNTY'S records. If the employee does not respond within 7 calendar days from date mailed, or if the letter is returned as undeliverable because the employee is not at the address shown, the employee shall lose his/her recall rights. The employee is responsible for keeping the COUNTY informed of the proper address for service of a recall notice.

This provision shall apply to employees already on the layoff list on the date of the arbitration award which puts the provision into effect but no employee shall be responsible for keeping the COUNTY informed of his/her changes of address unless the COUNTY can show that employee has been given actual notice of that responsibility.

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13.13 RECALL RIGHTS An employee who accepts recall to a lower classification shall retain recall rights

to their original classification held at the time of layoff for three (3) years from the date of original layoff.

13.14 LAYOFF LIST The COUNTY, upon request, shall furnish the ASSOCIATION with a current list

of all bargaining unit employees on layoff status with recall rights. 13.15 ABIDE BY PROVISIONS It is neither the spirit nor intent of this Agreement that employees shall be laid off

for the sole purpose of avoiding the terms of this Agreement. 13.16 OPERATIONAL REQUIREMENTS All uses of seniority specified by this Agreement shall be subject to the reasonable

operational requirements of the COUNTY. The COUNTY shall advise the ASSOCIATION whenever the COUNTY departs from the Agreement's seniority requirements. In any grievance or arbitration filed over alleged violation of such a provision, the COUNTY shall have the burden of establishing that the reasons given to the ASSOCIATION constitute reasonable operational requirements and required such a departure, but an arbitrator shall not find the COUNTY to have violated the Agreement in such a case unless its action was arbitrary or in bad faith or its judgment was clearly wrong.

13.17 NON-DISCRIMINATION It is recognized and agreed that should a bona fide occupational qualification exist

which requires personnel action out of the order of seniority as defined by this Agreement that the COUNTY may take action appropriate to the bona fide occupational qualification.

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ARTICLE 14

PROBATION

14.1 DEFINITION The probationary period is an integral part of the employee selection process and

provides the COUNTY and the probationer an equal opportunity to observe each other to determine the desirability of a continued working relationship. As part of the selection process it likewise provides each with an equal opportunity to discontinue that working relationship at any time during the established probationary period.

14.2 PROBATIONARY REJECTION The COUNTY reserves the right, as part and parcel of the selection process, to

reject any probationary employee during the initial probationary period without recourse, if in the COUNTY'S opinion such rejection is in the best interest of the COUNTY. In the event of the rejection of a probationary employee, the COUNTY shall notify such employee two (2) weeks prior to the effective date of such rejection, or at the option of the COUNTY, shall provide two (2) weeks pay in lieu of such notice.

14.3 INITIAL PROBATIONARY PERIOD New bargaining unit employees employed in classifications represented by Lane

County Peace Officers Association shall serve an initial probationary period of twelve (12) continuous months worked. The probationary period may be extended up to an additional twelve (12) months with the mutual agreement of the ASSOCIATION.

14.4 TRANSFER PROBATION Employees in one classification, who are transferred to another classification,

other than by reasons of reclassification, shall serve a probationary period equal to that which a new employee would serve, subject to the same extension provided in paragraph 14.3 above. Such employees, who fail, as determined by the COUNTY, to satisfactorily meet the requirements of the new classification at any time during such probationary period, shall be returned to the previously held classification.

14.5 PERFORMANCE ISSUES Any Probationary employee not notified of performance deficiencies noted during

the first one half (1/2) of the probationary period may assume such performance has been acceptable to date. It is understood that such acceptable performance does not presume continued employment for the balance of the probationary period.

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ARTICLE 15

DISCIPLINE AND DISCHARGE 15.1 JUST CAUSE An employee who has completed the probationary period as defined in Article 14

of this Agreement shall not be disciplined or discharged without just cause. 15.2 PROTECTION FROM EMBARRASSMENT Disciplinary action shall be accomplished in a manner which affords the

employee the most protection possible from embarrassment before other employees, supervisors or the public.

15.3 WRITTEN NOTIFICATION When the COUNTY intends to take disciplinary action, with the exception of

verbal reprimands, the COUNTY shall notify the non-probationary employee and the ASSOCIATION in writing of the charges against the employee and the proposed disciplinary action, and shall provide the employee with the opportunity to respond to the charges at an informal hearing which may be recorded, with the person or persons having authority to impose the proposed disciplinary action.

A. The non-probationary employee whose discipline, with the exception of

verbal reprimands, is being considered shall be granted seven (7) calendar days or more, at the discretion of the COUNTY, to prepare for the disciplinary hearing.

B. The employee shall be entitled to have a representative assigned and

approved by the ASSOCIATION at the pre-disciplinary hearing for the sole purpose of providing legal counsel or advice to the employee.

15.4 EXPEDITED WRITTEN REPRIMAND PROCESS A. The parties agree to an expedited written reprimand due process

procedure as follows:

B. Written notification to the employee that: 1. The employee may receive discipline no greater than a written

reprimand; 2. The facts upon which the discipline shall be based; 3. A date on which the employee and his/her ASSOCIATION

Representative must be present for receipt of this discipline, provided that date is no sooner than seven (7) days from service of this written notification. (This notice is subject to mutual waiver.)

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4. Notification to the ASSOCIATION of the potential discipline and interview date.

15.5 INTERNAL INVESTIGATION PROTECTIONS

A. In the event a complaint is levied against an employee that causes the COUNTY or Sheriff’s Office to assign an Internal Investigation number in the Sheriff’s Office or conduct a formal investigation in Youth Services, the following protections shall accrue to the employee being investigated:

1. Prior to an interview of the employee as provided herein, the

employee shall be given notice of the nature of the complaint and the basis of the allegations levied against said employee.

2. If the employee is to be interviewed and if the investigation could reasonably result in the employee’s discipline or if the employee requests to have a representative present, said employee shall be given a reasonable amount of time, not to exceed forty-eight (48) hours, to secure the representative assigned and authorized by the ASSOCIATION.

3. Complaints against Sheriff’s Office employees shall not be impeded

in any way. Therefore, complainants shall be immediately referred to an on duty supervisor. Complaints will be accepted regardless of the method of delivery. A complainant’s decision not to place their complaint in writing shall have no bearing on whether a complaint is investigated, as long as complaint is reduced to writing by employee receiving complaint and signed by the complainant. When a supervisor initiates an investigation, the complainant is deemed to be the Office of the Sheriff.

4. During such an investigation, the employee subject to said

investigation shall not be directed by the Department to appear in front of a non-supervisory complainant or a complainant from the general public. The employee shall not be investigated by a supervisor who has a personal interest in the investigation.

B. Nothing herein shall restrict the COUNTY/SO from making basic inquiries

of employees concerning incidents or matters not subject to an Internal Affairs investigation. It is understood, however, that during such inquiries, employees could, under reasonable circumstances, invoke their Weingarten Rights.

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ARTICLE 16

PERSONNEL RECORDS 16.1 DEFINITION The COUNTY shall maintain records relative to the status of an employee

consistent with the Oregon public records law. Such records collectively are to be referred to as the "personnel record" and shall be maintained in the Sheriff’s Office or Department of Youth Services, the COUNTY Human Resources Division, and the COUNTY Payroll division of the Department of Finance and Management Services. The personnel record in part or in total may be viewed by an employee accompanied by their designated ASSOCIATION representative upon request and at reasonable times that do not disrupt normal COUNTY operation and pursuant to an appointment. Copies will be provided by the COUNTY upon request at normal established fees for such copies.

16.2 PRIVATE AND CONFIDENTIAL Employees are assured that personnel records are private and confidential

except as prohibited by existing law or order of the court. It shall be so understood that any document added to an employee's personnel record without the employee's knowledge shall not be considered in any action affecting said employee. Any member of the bargaining unit may initiate a grievance on any document of a negative or derogatory nature placed in their personnel record without their knowledge.

16.3 INCLUSION OF REPRIMANDS Documented oral reprimands shall not be placed in the official personnel file and

shall be considered only when evaluating the performance of an employee or to indicate the progressiveness of discipline. Written reprimands may be placed in the official personnel file but, with the exception of those which address violations of applicable policies regarding sexual harassment, such documents shall not be considered in determining the degree of future discipline if the employee has not received any disciplinary action for a period of twenty-four (24) months from the date the letter of reprimand was issued and subsequently placed in the personnel record.

16.4 WRITTEN RESPONSE The employee may respond in writing to any item placed in his/her personnel

record. Such response shall become a part of the record if submitted no later than ten (10) days from the date the employee had knowledge of the item and that the item was to be placed in the employee's personnel record.

16.5 EVALUATION FILES Supervisors may maintain active evaluation files of personnel notes. Employees

will have access to review those notes upon reasonable notice to the supervisor. Such notes shall not be used after the performance evaluation has been

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completed and reviewed by the employee regardless of whether or not the supervisor actually used the notes in completing the evaluation.

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ARTICLE 17

GRIEVANCE PROCEDURE

17.1 PURPOSE

A. The purpose of this procedure is to secure, at the lowest possible level, mutually acceptable solutions to grievances, which may arise from time to time affecting bargaining unit employees.

B. Should a disagreement arise concerning the interpretation or application of the provisions of this Agreement, or as to the performance of the obligations herein, such disagreement shall be settled according to the terms hereinafter provided. An employee, at their discretion, may elect to be represented by the ASSOCIATION at any step in the procedure.

C. "Date of occurrence" herein shall mean the date the aggrieved party had or should reasonably have had knowledge of the occurrence.

D. Notwithstanding the provisions of Step 1 below, it is understood that the aggrieved party is obligated to attempt to resolve the matter informally; however, for the purpose of preserving time limits, the aggrieved party may formally submit the particulars of the grievance to the applicable manager/supervisor pending conclusion of the informal attempt. Applicable manager/supervisor shall mean the first step with the authority to respond with a proposed resolution on behalf of the COUNTY.

17.2 GRIEVANCE STEPS

STEP 1

A. The aggrieved party and/or designated representative shall first attempt to informally resolve the issue with the applicable manager/supervisor. In the event such attempt is unsuccessful, the aggrieved party shall refer the grievance in writing to the Captain/ Division Manager, or his/her designee, within fourteen (14) calendar days of the incident giving rise to the grievance. The notice shall include:

(1) The employee’s name, department, work section, supervisor, manager and ASSOCIATION representative.

(2) A statement of the grievance and relevant facts;

(3) Applicable provisions of the contract; and

(4) Remedy sought.

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B. The Captain/ Division Manager, or his/her designee, shall attempt to resolve the grievance and shall furnish a written statement of their position within seven (7) calendar days.

STEP 2

A. If, after proceeding through Step 1 above, the grievance is still unresolved, the aggrieved party and/or designated representative may refer it to the Sheriff/Department Director, no later than seven (7) calendar days from the date of the Step 1 response or date when said response is due.

B. The Sheriff/Department Director, or his/her designee, and the COUNTY’s Employee Labor and Relations Manager shall meet with the grievant and the designated representative no later than fifteen (15) days from receipt of the Step 2 appeal. In addition, they may investigate and/or review as needed.

C. The Sheriff/Department Director, or his/her designee, shall provide the COUNTY’s written response within fifteen (15) days from the date of the Step 2 meeting.

D. Should the COUNTY be the aggrieved party, the matter shall be introduced at this step.

E. Any grievance which involves discharge, or is of a class action nature, may be introduced at this step

STEP 3 If the Step 2 response from the COUNTY is not acceptable, the ASSOCIATION may submit the matter for arbitration and request a list of arbitrators from the Oregon State Employment Relations Board within thirty (30) days of the COUNTY’s Step 2 response.

17.3 ARBITRATION

A. In the event the respective representatives of the COUNTY and the ASSOCIATION cannot agree to the selection of an arbitrator, final selection shall be accomplished with one party, to be determined by lot, first striking off one of the five (5) names submitted by the State Mediation and Conciliation Service and thereafter the parties alternately striking names until one name remains.

B. The arbitrator shall have no authority to alter, modify, amend, vacate or change any terms or conditions of this Agreement, to substitute their judgment for that of either party in any instance where the parties have exercised their rights under the terms of this Agreement, nor shall the

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arbitrator decide on any condition which is not specifically treated in this Agreement.

C. The decision of the arbitrator shall be submitted within thirty (30) calendar days following the presentation of the case, and such decision shall be final and binding on both parties.

D. The COUNTY and the ASSOCIATION agree that the loser of the arbitration shall pay the full expenses and Arbitration fees of the arbitrator only; the COUNTY and the ASSOCIATION shall assume individual liability for the cost of their respective witnesses.

E. The arbitrator shall identify the losing party in the arbitration hearing and so state in the written decision to both parties.

17.4 GENERAL

A. All meetings and hearings under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article.

B. All information relative to the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure to the extent allowed by law.

C. The ASSOCIATION shall designate authorized representatives to investigate and process grievances on behalf of the ASSOCIATION and shall notify the COUNTY of any changes in such authorization.

D. All grievance proceedings and reasonable investigation time, where practicable, shall be held during the regular hours when the Courthouse is open, on COUNTY premises and without loss of pay or recrimination to the aggrieved party and/or a designated representative. It is understood that the COUNTY shall not incur overtime liability as a result of such proceedings or investigation.

E. A grievance may be terminated at any time upon receipt of a signed statement from the employee, or duly designated representative, stating the matter is no longer at issue. A grievance settlement without ASSOCIATION concurrence shall not prejudice any position taken by the ASSOCIATION during the grievance proceedings.

17.5 TIME LIMITS

A. Any time limit in this procedure may be extended for reasonable cause by mutual agreement and be binding on both parties. Such agreement, when practicable, shall be reduced to writing and signed by both parties. Failure by the aggrieved party and/or designated representative to properly

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observe time limits as stated without such agreement shall cause the grievance to become null and void.

B. Should the appropriate management personnel fail to respond to the grievance at any level within the time limits prescribed, exclusive of the provisions of Paragraph (A) above, the grievant may immediately appeal to the next higher step in the procedure.

17.6 APPEAL TO NEXT HIGHER STEP Should the appropriate management personnel fail to respond to the grievance at

any level within the time limits prescribed, exclusive of the provisions of paragraph 17.13 above, the grievant may immediately appeal to the next higher step in the procedure.

17.7 TERMINATED WITH SIGNED STATEMENT A grievance may be terminated at any time upon receipt of a signed statement

from the employee, or duly designated representative, stating the matter is no longer at issue.

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ARTICLE 18

DEFENSE AND INDEMNIFICATION 18.1 REIMBURSEMENT

The COUNTY agrees to reimburse an Association member for the reasonable, usual and customary legal fees charged by an attorney as a direct result of criminal charges against the Association member or a grand jury appearance against the Association member in which the member is a suspect in a criminal case arising out of conduct in the course and scope of the Association member’s performance of his/her duty as an officer for Lane County. The COUNTY’S obligation of reimbursement is subject to the conditions set forth in the sections for 18.2 Reimbursement Procedure.

18.2 REIMBURSEMENT PROCEDURE To receive reimbursement under this Article, the Association member must select

an attorney from a list of attorneys that has been mutually agreed upon by the ASSOCIATION and the County Counsel. Neither party shall unreasonably oppose the inclusion of an attorney on the list.

A. Within sixty (60) days of the execution of this Agreement, the

ASSOCIATION shall submit to the County Counsel the names and professional biographies of the attorneys the ASSOCIATION proposes for inclusion on the list. If the County Counsel does not object to an attorney on the list within twenty (20) working days, the attorney shall be included on this list. The names on the list shall be reviewed every six (6) months upon the request of either party. As a condition to subsequent reimbursement by the COUNTY, the Association member shall notify the ASSOCIATION and the COUNTY within three (3) calendar days of the selection of an attorney under these provisions. If no attorney on the list is available to represent an Association member, the Association member may obtain another attorney of his/her choosing, licensed to practice in Oregon and having a principal place of his/her practice in the Lane County area, and so long as the COUNTY’S obligation to reimburse will arise only if the County Attorney receives written notice of the selected attorney from the ASSOCIATION within three (3) calendar days of the Association member or ASSOCIATION learning of the lack of availability of an attorney from the predetermined list.

B. Estimate of Legal Fees Following the initial meeting between the

Association member and the attorney, the ASSOCIATION shall arrange for the attorney to provide the COUNTY, at no cost to the COUNTY, a preliminary estimate of the anticipated legal fees, costs and expenses. This preliminary estimate shall be directed to the County Attorney, the Sheriff, Human Resources Department and the ASSOCIATION.

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C. Billing Before becoming obligated to reimburse an Association member under this Article, the COUNTY shall be presented with a sworn affidavit by the attorney listing an hourly breakdown of the time spent and a brief description of the purpose of such time. The hourly breakdown must be received by the COUNTY within sixty (60) days of the conclusion of the grand jury or criminal proceedings against the Association member. The attorney shall account for and value time at the attorney’s usual and customary rate, and if there is a range of rates usually and customarily utilized by the attorney, then at the rate most favorable to the client, not to exceed $175.00 per hour. If the COUNTY, in its discretion, feels the charges exceed the reasonable, usual and customary fees normally charged, the parties shall submit the matter to the Oregon State Bar Fee Arbitration program for resolution. In any Fee arbitration proceedings, the COUNTY may assert any position that the Association member could assert in a direct dispute between the Association member and the attorney.

D. Binding Decision The decision of the OSB fee arbitrator or arbitration

panel shall be final and binding as to the COUNTY’S obligation under this Article. Under no circumstances shall the provisions of this Article give rise to a claim of any sort against the COUNTY by the attorney retained or selected by the Association member.

18.3 DENIAL OF REIMBURSEMENT

Reimbursement will not be made in those instances where:

A. The Association member was not performing within the course and scope of his/her duties as an officer of Lane County;

B. The Association member is convicted by verdict or plea, or pleads no

contest to any criminal charges arising out of the incident;

C. The Association member is disciplined based on the Association member’s actions which formed any part of the basis for the possible criminal liability, unless the Department’s disciplinary action is set aside in total on grievance appeal. If the matter is taken to arbitration, the arbitrator shall not hear or consider any evidence of attorney’s fees or exposure to attorney’s fees as relevant to the issue of whether discipline is appropriate;

D. The Association member resigns his/her employment with the COUNTY

for any reason;

E. The COUNTY shall have no obligation under this provision to reimburse an Association member in any instance where the Association member or the ASSOCIATION elects to have counsel for the ASSOCIATION

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represent the Association member involved in the incident at any stage of the criminal proceeding, including, but not limited to, any grand jury proceeding;

F. The COUNTY shall have no obligation under this provision to reimburse

an Association member for costs or legal fees associated with representation at pre-disciplinary procedures, grievance, arbitration or other civil proceedings;

G. Nothing in this provision obligates the COUNTY to pay or reimburse the

ASSOCIATION, or counsel for the ASSOCIATION, for any work by the ASSOCIATION or counsel for the ASSOCIATION that is related to the rights of the ASSOCIATION or its members under this provision

18.4 REIMBURSEMENT DUE DATE Any reimbursement required by the COUNTY shall be made only at the

conclusion of all criminal and disciplinary proceedings against the Association member relating to or arising out of the incident and, without intending to limit any private payment arrangements between the Association member and his/her attorney, are subject to the following monetary maximums:

A. Legal fees relating to a grand jury investigation and/or appearance shall

not exceed $5,000.

B. Legal fees relating to post-grand jury indictment or other charging instrument shall not exceed $10,000.

C. Total legal fee reimbursement shall not exceed $15,000. D. Total legal fee reimbursement under these provisions for any number of

Association members shall not exceed $60,000 during any fiscal year. Nothing in this provision shall preclude the ASSOCIATION from reimbursing any member for legal fees incurred.

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ARTICLE 19

SAVINGS AND FUNDING 19.1 SAVINGS CLAUSE Should any Article, Section or portion thereof of this Agreement be held unlawful

and unenforceable by any tribunal of competent jurisdiction, such decision of the tribunal shall apply only to the specific Article, Section or portion thereof, directly specified in the decisions. Upon the issuance of such a decision, the parties agree immediately to negotiate a substitute, if possible, for the invalidated Article, Section or portion thereof.

19.2 FUNDING The parties recognize that revenue needed to fund the wages and benefits

provided herein must be approved annually by established law and procedures. All such wages and benefits are, therefore, contingent upon sources of revenue and annual budget approval. The COUNTY shall not reduce the wages and benefits agreed to herein because of budgetary limitations but cannot and does not guarantee any minimum levels of employment to any job classification covered by this Agreement.

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ARTICLE 20

TERM OF AGREEMENT

20.1 LENGTH OF CONTRACT Three years: July 1, 2013 through June 30, 2016. 20.2 NEGOTIATE MODIFICATIONS If either party serves written notice of its desire to terminate or modify this Agreement, the parties shall commence negotiations by April 1 prior to the expiration of the Agreement except by mutual consent. 20.3 CONTRACT CONTINUATION The provisions of this Agreement shall continue during negotiations for a successor, unless either party has terminated the Agreement.

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05 POA 021 F004 Assist Weighmaster 18.54 19.45 20.44 21.45 22.52 23.66 24.8405 POA 018 F016 Communications Officer 1 17.19 18.07 19.00 19.93 20.92 22.00 23.0505 POA 021 F017 Communications Officer 2 18.54 19.45 20.44 21.45 22.52 23.66 24.8405 POA 028 F018 Communications Specialist 22.06 23.16 24.29 25.52 26.77 28.13 29.5205 POA 012 F021 Cook - Corrections 14.86 15.59 16.37 17.17 18.04 18.94 19.9105 POA 023 F028 Cook, Lead-Corrections 19.47 20.47 21.50 22.57 23.72 24.87 26.1005 POA 025 F001 Deputy Sheriff 1 20.47 21.50 22.57 23.72 24.87 26.10 27.4205 POA 029 F002 Deputy Sheriff 2 22.59 23.74 24.91 26.12 27.47 28.83 30.2605 POA 018 F034 Facility Security Officer 1 17.19 18.07 19.00 19.93 20.92 22.00 23.0505 POA 021 F035 Facility Security Officer 2 18.54 19.45 20.44 21.45 22.52 23.66 24.8405 POA 010 L005 Laundry Specialist 14.13 14.85 15.58 16.36 17.16 18.03 18.9305 POA 023 F029 Public Safety Support Spec 19.47 20.47 21.50 22.57 23.72 24.87 26.1005 POA 016 F030 Records Officer 1 16.39 17.18 18.06 18.96 19.92 20.91 21.9605 POA 019 F031 Records Officer 2 17.65 18.53 19.44 20.43 21.44 22.51 23.6505 POA 026 F032 Records Specialist 20.96 22.05 23.13 24.27 25.51 26.76 28.1205 POA 029 H021 SO Communication Network Coord 22.59 23.74 24.91 26.12 27.47 28.83 30.2605 POA 030 F027 SO Fleet Services Coordinator 23.18 24.34 25.54 26.82 28.15 29.54 31.02

Lane CountyReport ID: LPRS011A HUMAN RESOURCES DEPARTMENT Page No. 1 COMPENSATION PLAN EFFECTIVE 07/05/2014 Run Date 10/08/2014

Run Time 13:42:16SALARY ADMIN PLAN: POA SORTED BY JOBCODE DESCRIPTION BGU SAL PLAN GRADE *=Jobcode exempted from paid overtime

JOBCODE TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10

End of Report

15 GRP 027 K004 Juvenile Group Worker 19.52 20.60 21.75 22.96 24.26 25.60 27.0415 GRP 031 K005 Juvenile Group Worker, Sr 21.54 22.74 23.99 25.35 26.77 28.27 29.85

Lane CountyReport ID: LPRS011A HUMAN RESOURCES DEPARTMENT Page No. 1 COMPENSATION PLAN EFFECTIVE 07/05/2014 Run Date 10/08/2014

Run Time 13:44:17SALARY ADMIN PLAN: GRP SORTED BY JOBCODE DESCRIPTION BGU SAL PLAN GRADE *=Jobcode exempted from paid overtime

JOBCODE TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10

End of Report